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KUMAR v. I.N.S.

No. 98-71129.

204 F.3d 931 (2000)

Satish KUMAR; Sashi Lata Kumar, Petitioners, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided March 2, 2000.

Attorney(s) appearing for the Case

William Roman Gardner, Miguel D. Gadda (argued), San Francisco, California, for the petitioners.

David W. Ogden, Brenda E. Ellison, Laura M. Friedman, Alice E. Loughran (argued), United States Department of Justice, Washington, D.C., for the respondent.

Before: WIGGINS, O'SCANNLAIN and HAWKINS, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide whether a change in Fijian country conditions rebuts the presumption that a Fijian of Indian descent seeking asylum in the United States has a well-founded fear of persecution.

I

Petitioner Sashi Lata Kumar illegally entered the United States at Blaine, Washington, on or about April 24, 1991. When Kumar applied for asylum in this country, the Immigration and Naturalization Service ("INS") initiated deportation...

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