Prus v. Mukasey

MEMORANDUM **

Grigoriy Ivanovich Prus, a citizen of Uzbekistan, petitions for review of a Board of Immigration Appeals’ order affirming the Immigration Judge’s denial of asylum and withholding of removal. We grant Prus’s petition and remand.

Because the IJ found that Prus suffered past persecution in Uzbekistan on account of religion, he was entitled to a presumption that he had a well-founded fear of future persecution. 8 C.F.R. § 208.13(b)(1); Korablina v. INS, 158 F.3d 1038, 1043 (9th Cir.1998). To rebut this presumption, the government may show there has been “a fundamental change in…