Published Decisions
Narayan v. Ashcroft, 384 F.3d 1065 (9th Cir. 2004)
Background: Alien, a citizen of Fiji of East Indian extraction, petitioned for review of the denial of his applications for asylum and withholding of removal.
Holdings: The Court of
Appeals, Michael Daly Hawkins, Circuit Judge held that:
(1) evidence compelled conclusion that the acts against alien cumulatively amounted to persecution, and
(2) as a matter of first impression, Board of Immigration Appeals (BIA) erred in failing separately to address alien's motion to remand for consideration of newly available evidence of worsened country conditions.
