Kikovic

Kikovic v. Gonzales

Good Law
152 F. App'x 689
United States Court of Appeals for the Ninth CircuitNovember 14, 2005No. 03-72813California411 words

Opinion

Lead Opinion

MEMORANDUM ***

Desanka Kikovic, a native and citizen of Yugoslavia, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance without opinion of an Immigration Judge’s (“U”) order denying her applications for asylum, withholding of removal, and relief under the Convention Against Torture. We grant the petition for review.

Because the IJ found that Kikovic had suffered past persecution, a presumption arose that she had a well-founded fear of future persecution. 8 C.F.R. § 1208.13 (b). The determination of whether or not a particular petitioner’s fear is rebutted by general country conditions information *690 that shows a changed climate in which persecution is unlikely requires an “individualized analysis that focuses on the specific harm suffered and the relationship to it of the particular information contained in the relevant country reports.” Chand v. INS, 222 F.3d 1066, 1079 (9th Cir.2000). In this case, the IJ performed the requisite individualized inquiry and found that the government sustained its burden of demonstrating that general country conditions had changed sufficiently to rebut the presumption of Kikovic’s well-founded fear of future…

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