WAKKARY v. HOLDER

No. 05-71539.

558 F.3d 1049 (2009)

Matthew Henoch WAKKARY, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed March 10, 2009.


Attorney(s) appearing for the Case

Robert G. Ryan, Law Offices of Eugene C. Wong, Inc., San Francisco, CA, for the petitioner.

Ashley B. Han, Jeffrey S. Bucholtz, and Linda S. Wendtland, U.S. Department of Justice, Washington, DC, for the respondent.

Before: RICHARD A. PAEZ and MARSHA S. BERZON, Circuit Judges, and HAROLD BAER, District Judge.


BERZON, Circuit Judge:

The primary question we decide today concerns whether one's membership in a "disfavored group"—that is, a group of individuals in a certain country or part of a country, all of whom share a common, protected characteristic, many of whom are mistreated, and a substantial number of whom are persecuted—is pertinent in determining whether an applicant for withholding of removal is eligible for that form of relief. The question arises...

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