Avramescu

Avramescu v. Gonzales

Good Law
138 F. App'x 952
United States Court of Appeals for the Ninth CircuitJuly 11, 2005No. 02-72001California367 words

Opinion

Lead Opinion

ORDER and MEMORANDUM ***

The memorandum disposition filed on June 17, 2005, is withdrawn as filed in *953 error and replaced with the following memorandum disposition:

loan Vasile Avramescu, a native and citizen of Romania, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an Immigration Judge’s (“IJ”) denial of his applications for asylum and withholding of deportation. We have jurisdiction under 8 U.S.C. § 1105a. We review for substantial evidence, see Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 998 (9th Cir.2003), and we grant the petition and remand.

Substantial evidence does not support the IJ’s decision that changed country conditions in Romania rebut the presumption of a well-founded fear of future persecution. The IJ, relying only on a State Department report, found that the “government no longer exists” and that “circumstances that existed in 1990 no longer exist.” A “State Department report on country conditions, standing alone, is not sufficient to rebut the presumption of future persecution when a petitioner has established past persecution.” See Garcia-Martinez v. Ashcroft, 371 F.3d 1066, 1074 (9th Cir.2004). Rather, we…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.