TCHOUKHROVA v. GONZALES

No. 03-71129.

404 F.3d 1181 (2005)

Victoria TCHOUKHROVA, Dmitri Tchoukhrova, and Evgueni Tchoukhrova, Petitioners, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed April 21, 2005.


Attorney(s) appearing for the Case

Jonathan D. Montag, Law Offices of Jonathan D. Montag, San Diego, California, for the petitioner.

Peter D. Keisler, Assistant Attorney General, Civil Division; Margaret J. Perry, Senior Litigation Counsel; William C. Erb, Jr. and Frances M. McLaughlin, U.S. Department of Justice, Civil Division, Office of Immigration Litigation, Washington, D.C., for respondent.

Before REINHARDT, TASHIMA, and WARDLAW, Circuit Judges.


REINHARDT, Circuit Judge.

The question before us is whether under our immigration laws asylum may be granted to the parents of a disabled child who has been persecuted in his native land on account of his disability or whether, instead, we are compelled to force the family to return involuntarily to its home country where the child is likely to face further persistent and debilitating persecution. To answer that question, we must decide (1) whether disabled children...

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