Legal Opinion · Concurring in part, dissenting in part

Fouad Youssef Hakim Mansour v. John Ashcroft, Attorney General, Soheir Gamil Shaker Ewada v. John Ashcroft, Attorney General

Court of Appeals for the Ninth Circuit

Decided December 6, 2004No. 02-72515, 02-72516Published

1Concurring in part, dissenting in partPregerson, Circuit Judge

I concur in Parts I, II, III, and V of the majority’s opinion but dissent from Part IV and from the judgment of the court. I would grant the Petition for Review because, for the reasons explained more fully below, I believe that Petitioners have established that they were persecuted in the past on account of a protected ground and, as a result, áre presumptively entitled to asylum and withholding of removal.1 Alternatively, I would hold that Petitioners are eligible for asylum because they have established an independently well-founded *675fear that their United States citizen children will be…

2Cases cited35 opinions

  1. Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
  2. Farid Faham Gamal Ghaly v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1995
  3. 96 Cal. Daily Op. Serv. 2252, 96 Daily Journal D.A.R. 3751 Saideh Fisher, AKA Saideh Hassib-Tehrani Kian Hosseini Lavasani v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1996
  4. Kamla Prasad Meena Kumari Prasad Catherine Sandhya Prasad Micky Sudesh Prasad Ricky Sumit Prasad v. Immigration & Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1995
  5. Shpetim Hoxha v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2003

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