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KAMALYAN v. HOLDER

No. 05-76408.

620 F.3d 1054 (2010)

Garegin KAMALYAN, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed August 25, 2010.

Attorney(s) appearing for the Case

Jerry Wolf Stuchiner , Paladinlaw, Las Vegas, NV, for petitioner Garegin Kamalyan.

Carol Federighi , Senior Litigation Counsel, U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC; Ronald E. LeFevre , Department of Homeland Security, San Francisco, CA; Gregg I. Malawer , U.S. Department of Justice, Washington, DC; William Clark Minick , Trial Attorney, U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC; Erica Miles , U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, for respondent Eric H. Holder, Jr.

Opinion by Judge NOONAN; Dissent by Judge HALL.

NOONAN, Circuit Judge:

Garegin Kamalyan, a Jehovah's Witness, petitions for review of the Board of Immigration Appeals ("BIA") adopting and affirming the decision of the immigration judge ("IJ"). We grant the petition and remand.

FACTS

Kamalyan is a native of the U.S.S.R. and a citizen of Armenia. He applied for asylum on November 11, 2002, claiming religious persecution based on his status as a Jehovah's Witness.

Kamalyan's asylum...

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