Ghazal v. Ashcroft
Ghazal v. Ashcroft
Opinion of the Court
MEMORANDUM
Sameh Mohamed Mohamed Ghazal, and Inaia Abdel Karim Abeb El Maghraby, stateless individuals of Palestinian ethnicity, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) decision summarily affirming an immigration judge’s (“IJ”) denial of their applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review the IJ’s asylum eligibility finding for substantial evidence, INS v. Elias-Zacarias, 502 U.S. 478, 481, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992), and we grant the petition for review.
Because the facts were not disputed and were accepted as true by the IJ, we accept them as true here. See El Himri v. Ashcroft, 378 F.3d 932, 934 n. 1 (9th Cir. 2004). After the IJ considered undisputed evidence that Ghazal had been detained, forcibly deported, or turned away by gov
Furthermore, the IJ improperly designated Israel and Egypt as alternate countries of removal because the government failed to satisfy its burden of showing that either of these countries will accept the alien. See El Himri, 378 F.3d at 93940; Ali v. Ashcroft, 346 F.3d 873, 881-82 (9th Cir. 2003).
We remand under INS v. Ventura, 537 U.S. 12, 17, 123 S.Ct. 353, 154 L.Ed.2d 272 (2002) (per curiam) to permit the BIA to conduct further proceedings consistent with El Himri, in order to properly designate a permissible country of removal, and to determine whether Petitioners are eligible for asylum or withholding on the basis of a “well-founded fear of future persecution.” 8 C.F.R. § 1208.13(b)(2).
PETITION FOR REVIEW GRANTED; REMANDED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
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