Brown

Brown v. Gonzales

Good Law
187 F. App'x 691
United States Court of Appeals for the Ninth CircuitJune 26, 2006No. 03-74071California917 words

Opinion

Lead Opinion

MEMORANDUM **

Douglas Brown, a native and citizen of Sierra Leone, petitions for review of the Board of Immigration Appeals’ (“BIA’s”) decision that he is ineligible for asylum or other relief because he has no well-founded fear of persecution on account of his open association with members of the Revolutionary United Front (“RUF”) in actions hostile to the government of Sierra Leone. Because Brown’s credible testimony compels a finding of at least a reasonable probability of persecution, we grant the petition in part and remand. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

Where the BIA reviews the immigration judge’s decision de novo and issues its own decision, as here, our review is limited to the BIA’s decision, except to the extent that it expressly adopts the IJ’s opinion. Shah v. INS, 220 F.3d 1062, 1067 (9th Cir.2000). Because the BIA found Brown credible, we take his testimony as true. Navas v. INS, 217 F.3d 646 , 652 n. 3 (9th Cir.2000).

Brown’s fear of future persecution supports his asylum claim if it is both subjectively genuine and objectively reasonable. See 8 U.S.C. § 1101 (a)(42)(A); 8…

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