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CINAPIAN v. HOLDER

No. 05-72445.

567 F.3d 1067 (2009)

Aghavni CINAPIAN; Norek Cinapian; Akop Cinapian; Gevork Cinapian, Petitioners, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed June 3, 2009.

Attorney(s) appearing for the Case

Dr. Willie Jordan Curtis, Assistant Dean for Student Affairs and Associate Clinical Professor of Law, and Brooke Mickelson, Maria Mendoza and Victoria Diaz, Law Students, The University of Arizona, James E. Rogers College of Law, Tucson, AZ, for the petitioners.

Brooke M. Maurer and Stephen J. Flynn, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, D.C., for the respondent.

Before: MICHAEL DALY HAWKINS, MARSHA S. BERZON and RICHARD R. CLIFTON, Circuit Judges.

HAWKINS, Circuit Judge:

Concluding Petitioners' right to a fair hearing was violated and their asylum applications prejudiced by the government's failure to make the author of an adverse forensic evaluation of Petitioners' documents available for cross-examination or to disclose the existence of the report to Petitioners until the day of their hearing and by the Immigration Judge's ("IJ") insistence on proceeding in the face of those failures, we grant the petition...

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