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LAL v. I.N.S.

No. 98-71087.

255 F.3d 998 (2001)

Jaswant LAL; Shakuntla Lal; Rikesh Lal Petitioners, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed July 3, 2001.

Attorney(s) appearing for the Case

William Roman Gardner and Miguel D. Gadda, San Francisco, California, for the petitioners.

David W. Ogden, Acting Attorney General, Civil Division; Kristen A. Giuffreda, Senior Litigation Counsel; and John P. Moran, Attorney, Office of Immigration Litigation, for the respondent.

Before: B. FLETCHER, O'SCANNLAIN, and MICHAEL DALY HAWKINS, Circuit Judges.

Opinion by Judge BETTY B. FLETCHER: Dissent by Judge O'SCANNLAIN

BETTY B. FLETCHER, Circuit Judge:

Jaswant Lal and his family, citizens of Fiji of Indo-Fijian ethnic origin, petition this court for review of a decision of the Board of Immigration Appeals ("BIA"). In May 1994, an Immigration Judge ("IJ") granted asylum to the family, finding persecution based on religion and political opinion. The INS appealed and the BIA reversed, ordering the petitioners...

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