United States Ninth Circuit

In order to meet its initial burden of showing that a "firm resettlement" mandatory bar precluding a grant of asylum applies, the Department of Homeland Security (DHS) must make a threshold showing that the alien had an offer of some type of official status permitting him to reside in a third country indefinitely. Such showing can be made by direct evidence of an offer issued by the third country's government or, if such evidence is shown to be unobtainable, by circumstantial evidence of sufficient force to indicate that the third country officially sanctions the alien's indefinite presence. If DHS proves either, the burden shifts to the alien to show that he falls within one of the applicable regulatory exceptions.

Appellate Information

• Argued 03/23/2006
• Decided 06/09/2006
• Published 06/09/2006

Judges

• RYMER, Circuit Judge., Before MARY M. SCHROEDER, Chief Judge, HARRY PREGERSON, DIARMUID F. O'SCANNLAIN, PAMELA ANN RYMER, ANDREW J. KLEINFELD, SIDNEY R. THOMAS, SUSAN P. GRABER, W. FLETCHER, RAYMOND C. FISHER, RONALD M. GOULD, RICHARD A. PAEZ, JOHNNIE B. RAWLINSON, RICHARD R. CLIFTON, JAY S. BYBEE, and CONSUELO M. CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Robert B. Jobe (argued), San Francisco, CA, and Ashwani K. Bhakhri (signed the briefs), Burlingame, CA, for the petitioners.


• For Appellees:
  
• Alison Marie Igoe (argued), and Nancy E. Friedman (signed the briefs), United States Department of Justice, Washington, D.C., for the respondent.