United States Ninth Circuit

Petition for review of a denial of Iraqi native's request for asylum is granted and the matter remanded for further proceedings as: 1) the BIA assumed petitioner suffered past persecution on account of his religion; 2) thus, the burden was on the government to show changed country conditions; and 3) a holding that the fall of the Ba'ath party removed any fear of future persecution was not supported by substantial evidence.

Appellate Information

• Argued 04/11/2007
• Decided 11/05/2007
• Published 11/05/2007

Judges

• PREGERSON, Circuit Judge:, Before:  HARRY PREGERSON, FERDINAND F. FERNANDEZ, and EUGENE E. SILER, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Douglas D. Nelson and Alejandro O. Campillo, San Diego, CA, for the petitioner.


• For Appellees:
  
• Mary Jane Candaux and Jennifer L. Lightbody, Office of Immigration Litigation, Washington, DC, for the respondent.