SILAYA v. MUKASEY

No. 06-73822.

524 F.3d 1066 (2008)

Rosalina SILAYA, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed May 6, 2008.


Attorney(s) appearing for the Case

Stacy Tolchin, Van Der Hout, Brigagliano & Nightingale, LLP, Los Angeles, CA, and Marc Van Der Hout, Christine Brigagliano, and Stacey L. Gartland, Van Der Hout, Brigagliano & Nightingale, LLP, San Francisco, CA, for the petitioner.

Daniel E. Goldman, U.S. Department of Justice, Washington, D.C., for the respondent.

Before: STEPHEN S. TROTT and SIDNEY R. THOMAS, Circuit Judges, and MICHAEL R. HOGAN, District Judge.


TROTT, Circuit Judge:

Rosalina Silaya ("Rosalina")1 seeks review of the BIA's decision denying her application for asylum, withholding of removal ("withholding"), and protection under the Convention Against Torture ("CAT"). We have jurisdiction pursuant to 8 U.S.C. § 1252(a)(1). Because the record compels a finding that Rosalina was subjected to past persecution on account of imputed political opinion, we grant the petition with respect...

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