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MASHIRI v. ASHCROFT

No. 02-71841.

383 F.3d 1112 (2004)

Zakia MASHIRI, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed September 22, 2004.

As Amended November 2, 2004.

Attorney(s) appearing for the Case

Kathrin S. Mautino, Mautino & Mautino, San Diego, CA, for the petitioner.

Luis E. Perez, Department of Justice, Civil Division, Office of Immigration Litigation, Washington, DC, for the respondent.

Before HUG, B. FLETCHER, and WARDLAW, Circuit Judges.

BETTY B. FLETCHER, Circuit Judge:

Zakia Mashiri ("Zakia") petitions for review of a decision of the Board of Immigration Appeals ("BIA") affirming the denial of her applications for asylum, withholding of deportation and voluntary departure.1 We grant the petition on the issue of asylum because Zakia's credible testimony compels a finding of past persecution and because the respondent ("the government") has failed to rebut the presumption...

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