United States Ninth Circuit

In a petition for review of the BIA's order denying petitioner's asylum application on the ground that his daughter faced the threat of genital mutilation if returned to Indonesia, the petition is granted where: 1) the mutilation that petitioner's wife endured undoubtedly constituted past persecution; and 2) the Board erred in failing to consider whether petitioner established a well-founded fear of future persecution based on the possibility that his daughter would be forced to endure the same practice.

Appellate Information

• Argued 12/09/2008
• Decided 08/24/2009
• Published 08/24/2009

Judges

• McKEOWN, Circuit Judge:, Before BETTY B. FLETCHER, M. MARGARET McKEOWN and N. RANDY SMITH, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Robert G. Ryan (argued and briefed) and Eugene C. Wong, Law Offices of Eugene C. Wong, Inc., San Francisco, CA, for the petitioners.


• For Appellees:
  
• Peter D. Keisler, Assistant Attorney General, David V. Bernal, Assistant Director, Office of Immigration Litigation, John E. Arbab, U.S. Department of Justice, Environment & Natural Resources Division, S. Nicole Nardone, U.S. Department of Justice, Civil Division, Office of Immigration Litigation, Washington, DC, for the respondent., Robert E. LeFevre, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, for the respondent.