U.S. Court of Appeals for the Ninth Circuit, 1998

Marco Antonio Gonzales-Neyra v. Immigration and Naturalization Service

Marco Antonio Gonzales-Neyra v. Immigration and Naturalization Service
U.S. Court of Appeals for the Ninth Circuit · Decided January 6, 1998
133 F.3d 726 (Federal Reporter, Third Series)

Marco Antonio Gonzales-Neyra v. Immigration and Naturalization Service

Opinion

ORDER

The opinion filed on September 15, 1997 [122 F.3d 1293] is amended as follows:

The sentence at page 12060, lines 9-13 [122 F.3d at 1296], which reads:

“Because we conclude that Gonzales-Neyra established past persecution on account of his political opinion, we also hold that he was entitled to a rebuttable presumption that he had a well-founded fear that he would be similarly persecuted in the future.”

is replaced by:

“Regardless of whether Gonzales-Neyra established past persecution on account of his political opinion, he established a well-founded fear of future persecution.”

The Petition for Rehearing is denied.

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