Abrahim Baballah Ula Baballah Ahmad Baballah v. John Ashcroft, Attorney General

ORDER AMENDING OPINION AND DENYING PETITION FOR REHEARING AND AMENDED OPINION

ORDER

The opinion filed July 11, 2003 is AMENDED as follows:

1. At page 335 F.3d 981 , 992 insert a new footnote 11 following the sentence: “Here, the INS has presented no evidence to rebut the presumption of a well-founded fear of persecution.” The text of the footnote reads:

2. Change existing footnote 11 to footnote 12.

The petition for panel rehearing is DENIED. The panel also voted to deny the petition for rehearing en banc. The full court has been advised of the petition for rehearing en banc, and no active judge of the court has requested a vote on whether to rehear the case en banc. Fed. R.App. P. 35(b). Therefore the petition for rehearing en banc is DENIED.

OPINION

Abrahim Baballah, a native and citizen of Israel, and his wife and oldest child, petition for review of a decision of the Board of Immigration Appeals (“BIA”) affirming the denial of their application for asylum and withholding of removal. Over a ten-year period, Israeli Marines repeatedly threatened and attacked Baballah on account of his ethnicity and religion. The violence that he experienced not only caused him to fear…