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United States Ninth Circuit


Fakhry v. Mukasey, 04-73671, 04-76147

Petition for review of a denial of am application for asylum based on petitioner's membership in a Senegalese political organization, as well as related relief, is granted in part and remanded as to the asylum claim where the IJ erred in finding that: 1) petitioner failed to qualify for the "changed circumstances" exception to the one-year bar on filing asylum claims; and, alternatively, 2) petitioner could reasonably relocate to another part of the country.

Appellate Information

  • Argued 11/06/2007
  • Decided 05/05/2008
  • Published 05/05/2008

Judges

  • BERZON, Circuit Judge:, Before:  EDWARD LEAVY, RAYMOND C. FISHER, and MARSHA S. BERZON, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Philip James Smith, Hecht & Smith, LLP, Portland, OR, for the petitioner.

  • For Appellees:
  • Karin J. Immergut, United States Attorney for the District of Oregon, and William E. Fitzgerald and Kelly A. Zusman, Assistant United States Attorneys, Portland, OR, for the respondent.
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