United States Ninth Circuit

Petitioner's petition for review of the BIA's order of removal is granted, where the Immigration Judge's finding that Petitioner was not subject to persecution in his native country based on his race was not supported by substantial evidence.

Appellate Information

• Argued 12/11/2008
• Decided 04/21/2009
• Published 04/21/2009

Judges

• Before A. WALLACE TASHIMA, MARSHA S. BERZON, and N. RANDY SMITH, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Joseph J. Siguenza, Esq., Attorney (argued), and Ashwani K. Bhakhri, Esq., Attorney (briefed), Law Offices of Ashwani K. Bhakhri, Burlingame, CA, for the petitioners.


• For Appellees:
  
• W. Daniel Shieh, Esq., Trial Attorney, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, DC (argued and briefed);  Margot Nadel, Esq., Attorney, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, DC, Terri J. Scadron, Assistant Director, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, DC, Francis W. Fraser, Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, DC, Gregory G. Katsas, Assistant Attorney General, Civil Division, U.S. Department of Justice, Washington, DC, and Peter D. Keisler, Assistant Attorney General, Civil Division, U.S. Department of Justice, Washington, DC, were on the briefs, for the respondent.