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Manzoor v. United States Dept. of Justice, Immigration & Naturalization Service

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ON PETITION FOR REVIEW OF AN ORDER OF THE BOARD OF IMMIGRATION APPEALS

Zeeshan Manzoor petitions for relief from the denial of his claims for asylum and withholding of deportation. To qualify for asylum, an applicant must show that he or she faces a well-founded fear of persecution. The Board of Immigration Appeals (BIA or Board) found that Manzoor had experienced past persecution in his native Pakistan on account of his political opinion, giving rise to a statutory presumption of a well-founded fear of future persecution. The burden then shifts to the Immigration and Naturalization Service (INS) to rebut that presumption. Here the BIA erred by imposing part of the INS’s burden on the applicant. It did so by requiring Manzoor to establish that his well-founded fear of future persecution was country-wide after he had shown that he was persecuted in a particular region, possibly with some involvement by the federal government. Because of that legal error, we vacate the judgment of the BIA and remand for further proceedings.

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