Hasan

Hasan v. Ashcroft

Good Law
122 F. App'x 329
United States Court of Appeals for the Ninth CircuitFebruary 9, 2005No. 03-73136; Agency Nos. A73-965-146, A73965-147, A73-965-148California1,119 words

Opinion

Lead Opinion

MEMORANDUM **

Mohammed Hasan petitions on behalf of himself and his wife and daughter for review of a final order issued by the Board of Immigration Appeals (BIA) affirming an Immigration Judge’s (IJ) denial of asylum and withholding of removal. We grant the petition and remand for further proceedings.

Hasan and his family are natives and citizens of Bangladesh. In support of their applications for relief from removal, Hasan testified he was active in the Jatiyo Party until its demise in 1991. According to Hasan, the police, acting on behalf of the Bangladesh National Party (BNP), arrested and detained him, beat him with sticks, burned him with cigarettes, hung him upside down and scalded him with hot water. His brother and uncle, also active in the Jatiyo Party, were killed because of their political activities. Hasan’s wife was kidnapped and raped by a leader of the BNP. Hasan’s business was destroyed and he was repeatedly threatened with harm if he continued to support the Jatiyo Party.

The IJ acknowledged “all of the events against the respondent’s family members, as well as the respondent’s business, occurred during the time when the BNP was reacting violently in revenge…

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