United States Ninth Circuit

A petition for review of a BIA decision denying applications for asylum, withholding of removal, and protection under the Convention Against Torture is granted, as a child may be said to have suffered persecution and therefore be eligible for asylum where: 1) a pregnant mother is persecuted in a manner that materially impedes her ability to provide for the basic needs of her child; 2) that child's family has undisputedly suffered severe persecution; and 3) the newborn child suffers serious deprivations directly attributable not only to those facts, but also to the material ongoing threat of continued persecution of the child and the child's family.

Appellate Information

• Decided 02/07/2012
• Published 02/07/2012

Judges

• Rakoff

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Robert L. Lewis, Gregory G. Katsas