Truong

Truong v. Immigration Naturalization & Services

Good Law
48 F. App'x 705
United States Court of Appeals for the Ninth CircuitOctober 16, 2002No. 01-71507; INS Nos. A73-910-930, A73-910-931, A73-910-932, A73-910-933California963 words

Opinion

Lead Opinion

MEMORANDUM **

Trung Van Truong and his family petition for review of the Board of Immigration Appeals’ (“BIA”) decision reversing the immigration judge’s (“IJ”) order granting their applications for asylum. Truong and his wife escaped Vietnam in 1979, and lived in Italy with their children from 1980 to 1991. The BIA determined that the Truongs were barred from asylum because they had firmly resettled in Italy prior to entering the United States. We agree with the BIA’s determination that the Truongs were firmly resettled in Italy, but we hold that the BIA erred in denying *706 asylum because the Truongs have demonstrated a well-founded fear of persecution in Italy on account of their political beliefs.

Truong and his wife Nga Thi Lu (“Mrs. Truong”) are natives and citizens of Vietnam. Their children, Martina Truong and Paolo Truong, were born in Italy, but are not Italian citizens. Truong and his family lived in Italy from 1980 to 1991. On June 17,1991, the Truongs were admitted to the United States as nonimmigrant visitors for pleasure with authorization to remain in the United States until December 16,1991. The Truongs held a travel permit from Italy authorizing reentry, which…

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