Published Decisions

Dinu v. Ashcroft, 372 F.3d 1041 (9th Cir. 2004)
Background: Alien petitioned for judicial review of decision of the Board of Immigration Appeals denying his application for asylum or withholding of deportation.

Holding: The Court of Appeals, Kozinski, Circuit Judge, held that neither the heavy-handed and drawn-out nature of Romanian police officers' investigation of alien who had served in the military under deposed communist regime for his possible involvement in shooting of civilians, nor the fact that alien credibly testified regarding his innocence from any participation in shootings, was sufficient to give rise to presumption that this investigation was mere pretext to persecute alien on account of his imputed political opinion.