Kikovic v. Gonzales
Opinion of the Court
MEMORANDUM
Desanka Kikovic, a native and citizen of Yugoslavia, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance without opinion of an Immigration Judge’s (“U”) order denying her applications for asylum, withholding of removal, and relief under the Convention Against Torture. We grant the petition for review.
Because the IJ found that Kikovic had suffered past persecution, a presumption arose that she had a well-founded fear of future persecution. 8 C.F.R. § 1208.13(b). The determination of whether or not a particular petitioner’s fear is rebutted by general country conditions information
The record reflects a “mixed picture” of the human rights conditions for persons who were persecuted on political grounds under the Milosevic regime. Cf. Lopez v. Ashcroft, 366 F.3d 799, 805-07 (9th Cir. 2004) (basing its decision that the presumption of well-founded fear had not been overcome, in part, on the “mixed picture of human rights conditions” presented in the country report). Indeed, the State Department report reflects ongoing politically motivated violence at the time of Kikovic’s hearing.
In sum, the record compels the conclusion that country conditions had not changed sufficiently to rebut the presumption that Kikovic had a well-founded fear of future persecution. Because Kikovic has demonstrated eligibility for asylum and entitlement to withholding of removal, we grant the petition for review.
PETITION FOR REVIEW GRANTED
xhis 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.
. Because the IJ conducted an individualized determination, the considerations "that classically support!] ... [a] remand” do not exist, INS v. Ventura, 537 U.S. 12, 17, 123 S.Ct. 353, 154 L.Ed.2d 272 (2002), and a Ventura remand is not required.
Reference
- Full Case Name
- Desanka KIKOVIC v. Alberto R. GONZALES, Attorney General
- Status
- Published