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KAISER v. ASHCROFT

No. 03-71198.

390 F.3d 653 (2004)

Fahim KAISER; Faiza Fahim; Sheryar Kaiser; Anushay Fahim, Petitioners, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed December 3, 2004.

Attorney(s) appearing for the Case

Garish Sarin, Attorney, Los Angeles, California, for the petitioners.

Peter D. Keisler, Assistant Attorney General; Terri J. Scadron, Assistant Director; and Virginia M. Lum, Office of Immigration, Washington, D.C., for the respondent.

Before: REINHARDT, WARDLAW, and PAEZ, Circuit Judges.

WARDLAW, Circuit Judge.

Petitioners, Fahim Kaiser ("Kaiser"), his wife, and their two minor children, natives and citizens of Pakistan, petition for review of a decision of the Board of Immigration Appeals ("BIA") affirming the denial of their applications for asylum and withholding of removal. We hold that the BIA erred in denying asylum eligibility, but affirm the BIA's denial of withholding of deportation.

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