Rahmati

MEMORANDUM ***

Parwin Rahmati, and Mohammad Rabi Rahmati, natives and citizens of Afghanistan, and their daughter Mishal Rahmati, native and citizen of Germany, petition for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance without opinion of the Immigration Judge’s (“IJ”) order denying asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We grant the petition in part and deny it in part. Because the parties are familiar with the factual and procedural history of this case, we need not recount it here.

I

Substantial evidence supports the agency’s conclusion that the petitioners had firmly resettled in Germany and are therefore not eligible for asylum. 8 U.S.C. § 1158 (b)(2)(A)(vi). Pursuant to regulation, “[a]n alien is considered to be firmly resettled if, prior to arrival in the United States, he or she entered into another country with, or while in that country received, an offer of permanent resident status, citizenship, or some other type of permanent resettlement.” 8 C.F.R. § 1208.15 .

Petitioner conceded she could have received lawful permanent resident status in Germany through her husband if she had merely…

I agree with Parts I and III of the Memorandum, but respectfully dissent from Part II. In my opinion, the immigration judge adequately explained why petitioner was not entitled to withholding of removal: She suffered no past persecution (as the majority acknowledges), and her claimed fear of future persecution was not reasonable now that the Taliban were no longer in control. Because the evidentiary record supports the IJ’s reasoning and conclusion, I would deny the petition in full.

FILED

NOT FOR PUBLICATION FEB 11 2010

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S . CO U RT OF AP PE A LS

FOR THE NINTH CIRCUIT

PARWIN RAHMATI; et al., No. 05-73868

Petitioners, Agency Nos. A074-184-114

A075-521-621

v. A075-521-622

ERIC H. HOLDER Jr., Attorney General,

MEMORANDUM *

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Submitted February 9, 2010** Pasadena, California

Before: THOMAS and SILVERMAN, Circuit Judges, and FOGEL, *** District Judge.

Parwin Rahmati, and Mohammad Rabi Rahmati, natives and citizens of

Afghanistan, and their daughter Mishal Rahmati, native and citizen of Germany,

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

** This panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). *** The Honorable Jeremy D. Fogel, United States District Judge for the Northern District of California, sitting by designation. petition for…