Mousa

Mousa v. Mukasey

Good Law
283 F. App'x 580
United States Court of Appeals for the Ninth CircuitJune 26, 2008No. 05-71705California888 words

Opinion

Lead Opinion

*581 MEMORANDUM *

Laith George Mousa (“Mousa”), a native and citizen of Iraq, petitions for review of the Board of Immigration Appeals’ (“BIA”) order that denied his application for asylum and withholding of removal. 1 The parties are familiar with the facts of this case, and we repeat them only to the extent necessary for our disposition. We have jurisdiction under 8 U.S.C. § 1252 . We grant the petition and remand.

Mousa is a Chaldean Christian who lived in Iraq before fleeing to the United States in 2001. He testified that he and his family members suffered multiple incidents of abuse at the hands of Ba’ath Party officials. Specifically, he and his sister were imprisoned in a Ba’ath Party compound for forty-seven days.

The IJ did not find Mousa’s testimony credible. However, the BIA reversed the IJ’s adverse credibility finding, implicitly holding that Mousa had established past persecution. The burden thus shifted to the government to establish a change in circumstances in Iraq such that Mousa would no longer have a well-founded fear of future persecution. See 8 C.F.R. § 1208.13 (b)(l)(ii). The IJ determined, and the BIA agreed, that the presumption of a well-founded fear…

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