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NARAYAN v. ASHCROFT

No. 03-70199.

384 F.3d 1065 (2004)

Kamal NARAYAN, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed September 16, 2004.

Attorney(s) appearing for the Case

Robert B. Jobe (argued), San Francisco, CA, for the petitioner.

Norah Ascoli Schwarz (argued) and Daniel D. McClain, Office of Immigration Litigation, U.S. Department of Justice, Washington, D.C., for the respondent.

Before HAWKINS, THOMAS, and BEA, Circuit Judges.

MICHAEL DALY HAWKINS, Circuit Judge:

Kamal Narayan ("Narayan"), an Indo-Fijian, petitions for review of the Board of Immigration Appeals' ("BIA") order summarily affirming the Immigration Judge's ("IJ") denial of his applications for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We grant the petition.

I. BACKGROUND

Narayan, an ethnic Indian and citizen of Fiji, whose testimony to the IJ we take as credible,

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