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United States Ninth Circuit


Silaya v. Mukasey, 06-73822

Petition for review of a denial of an application for asylum and related relief brought by a native of the Philippines is granted with respect to the asylum claim where: 1) the rape and physical abuse inflicted on petitioner supported a finding of past persecution under 8 U.S.C. section 1101(a)(42)(A); and 2) the record compelled a finding that petitioner was subjected to past persecution on account of imputed political opinion.

Appellate Information

  • Argued 04/17/2008
  • Decided 05/06/2008
  • Published 05/06/2008

Judges

  • TROTT, Circuit Judge:, Before: STEPHEN S. TROTT and SIDNEY R. THOMAS, Circuit Judges, and MICHAEL R. HOGAN, District Judge.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Stacy Tolchin, Van Der Hout, Brigagliano & Nightingale, LLP, Los Angeles, CA, and Marc Van Der Hout, Christine Brigagliano, and Stacey L. Gartland, Van Der Hout, Brigagliano & Nightingale, LLP, San Francisco, CA, for the petitioner.

  • For Appellees:
  • Daniel E. Goldman, U.S. Department of Justice, Washington, D.C., for the respondent.
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