Ghazal

Ghazal v. Ashcroft

Good Law
111 F. App'x 479
United States Court of Appeals for the Ninth CircuitSeptember 23, 2004No. 03-71630; Agency Nos. A75-502-355, A75-502-356California439 words

Opinion

Lead Opinion

MEMORANDUM **

Sameh Mohamed Mohamed Ghazal, and Inaia Abdel Karim Abeb El Maghraby, stateless individuals of Palestinian ethnicity, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) decision summarily affirming an immigration judge’s (“IJ”) denial of their applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review the IJ’s asylum eligibility finding for substantial evidence, INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and we grant the petition for review.

Because the facts were not disputed and were accepted as true by the IJ, we accept them as true here. See El Himri v. Ashcroft, 378 F.3d 932 , 934 n. 1 (9th Cir.2004). After the IJ considered undisputed evidence that Ghazal had been detained, forcibly deported, or turned away by gov *481 ernment officials when he sought to obtain legal residency in Israel, Egypt, and the United Arab Emirates (“UAE”), the IJ held that Ghazal’s statelessness did not amount to past persecution. However, the IJ did not reach the issue of Petitioner’s fear of future persecution and the…

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