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.