Shaib

Shaib v. Gonzales

Good Law
127 F. App'x 953
United States Court of Appeals for the Ninth CircuitApril 11, 2005No. 03-70833California339 words

Opinion

Lead Opinion

MEMORANDUM ***

Abdi Jama Shaib, a native and citizen of Somalia, petitions for review of the decision of the Board of Immigration Appeals (“BIA”), affirming an immigration judge’s (“IJ”) denial of his application for asylum and withholding of removal from Ethiopia. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence, see Ali v. Ashcroft, 394 F.3d 780, 784 (9th Cir.2005), and we grant the petition for review, and remand.

The IJ granted Shaib withholding of removal from Somalia, based on his membership in the Midgan Clan. The IJ denied Shaib asylum because he had firmly resettled in Ethiopia, and denied him withholding of removal from Ethiopia. The IJ neglected, however, to designate a country for removal. The BIA affirmed the IJ’s denial of asylum based on Shaib’s firm resettlement in Ethiopia and the IJ’s denial of withholding from Ethiopia, and remanded for the IJ to designate a country for removal.

We have jurisdiction to review the BIA’s order affirming the denial of asylum and withholding of removal from Ethiopia, despite the remand to the IJ for designation of a country for removal. See Castrejon-Garcia v. INS, 60 F.3d 1359,1361 (9th…

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