Ahmed

Ahmed v. Holder

Good Law
313 F. App'x 943
United States Court of Appeals for the Ninth CircuitFebruary 26, 2009Nos. 04-73286, 04-76465California502 words

Opinion

Lead Opinion

MEMORANDUM *

Ijaz Ahmed (Ahmed), a native and citizen of Pakistan, appeals the denial of his claims for asylum and withholding of removal, as well as his family’s derivative claims for the same. The Board of Immigration Appeals, citing Matter of Burbano, 20 I. & N. Dec. 872 (BIA 1994) affirmed the Immigration Judge’s determination that changed country conditions in Pakistan rebutted the presumption of a well-founded fear because Ahmed’s previous persecutor, the Muslim League, was no longer in power. This finding was not supported by individualized substantial evidence, therefore, we grant Ahmed’s petition and remand to the BIA to determine *944 whether the presumption of future persecution is rebutted due to changed country-conditions. Because the parties are familiar with the facts of the ease, we do not recite them here.

In Arreguin-Moreno v. Mukasey, 511 F.3d 1229, 1232 (9th Cir.2008), we held that where the BIA issues a Bwrbano affir-mance, “all issues presented before the IJ are deemed to have been presented to the BIA.” All of Ahmed’s arguments made before the Immigration Judge, including his claim for asylum based on past persecution and his claim for withholding, are…

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