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BABALLAH v. ASHCROFT

No. 01-71407.

367 F.3d 1067 (2004)

Abrahim BABALLAH; Ula Baballah; Ahmad Baballah, Petitioners, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed July 11, 2003.

Amended May 6, 2004.

Attorney(s) appearing for the Case

Haitham Edward Ballout, Burlingame, CA, for the petitioners.

John C. Cunningham and Jocelyn Lopez Wright, United States Department of Justice, Washington, DC, for the respondent.

Before TASHIMA, THOMAS and PAEZ, Circuit Judges.

ORDER AMENDING OPINION AND DENYING PETITION FOR REHEARING AND AMENDED OPINION

ORDER

The opinion filed July 11, 2003 is AMENDED as follows:

1. At page 335 F.3d 981, 992 insert a new footnote 11 following the sentence: "Here, the INS has presented no evidence to rebut the presumption of a well-founded fear of persecution." The text of the footnote reads:

11 There is no need to remand to the BIA under INS...

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