Omar Kabir Rahmat-Dastagir v. Immigration and Naturalization Service

Ninth Circuit

Omar Kabir Rahmat-Dastagir v. Immigration and Naturalization Service

56 F.3d 73, 1995 U.S. App. LEXIS 11291

CourtCourt of Appeals for the Ninth Circuit

DecidedMay 12, 1995

Docket93-70831

StatusPublished

This text of 56 F.3d 73 (Omar Kabir Rahmat-Dastagir v. Immigration and Naturalization Service) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Omar Kabir Rahmat-Dastagir v. Immigration and Naturalization Service, 56 F.3d 73, 1995 U.S. App. LEXIS 11291 (9th Cir. 1995).

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Opinion

56 F.3d 73
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.

Omar Kabir RAHMAT-DASTAGIR, Petitioner,
v.
IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

No. 93-70831.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted May 4, 1995.
Decided May 12, 1995.

Petition to Review a Decision of the, Immigration and Naturalization Service, I&NS No. Ark-edu-vzk;

I.N.S.

PETITION GRANTED.

Before: BEEZER and TROTT, Circuit Judges, and SHUBB, District Judge.*

ORDER

Omar Kabir Rahmat-Dastagir, a native and citizen of Afghanistan, petitions for review of the decision of the Board of Immigration Appeals ("Board" or "BIA"), dismissing his appeal of the immigration judge's order denying his application for asylum and withholding of deportation pursuant to 8 U.S.C. Secs. 1158(a) and 1253(h). The Board determined Mr. Rahmat had failed to establish a well-founded fear of future persecution because he had not shown Communist authorities in Afghanistan had the ability to seek him out on a country-wide basis.

This matter is remanded to the BIA for reconsideration pursuant to Singh v. Moschorak, No. 94-55400 (9th Cir. April 28, 1995), and in the light of changed conditions in Afghanistan.

*

The Honorable W. B. Shubb, United States District Judge for the Eastern District of California, sitting by designation

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56 F.3d 73
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.

Omar Kabir RAHMAT-DASTAGIR, Petitioner,
v.
IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

No. 93-70831.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted May 4, 1995.
Decided May 12, 1995.

Petition to Review a Decision of the, Immigration and Naturalization Service, I&NS No. Ark-edu-vzk;

I.N.S.

PETITION GRANTED.

Before: BEEZER and TROTT, Circuit Judges, and SHUBB, District Judge.*

ORDER

Omar Kabir Rahmat-Dastagir, a native and citizen of Afghanistan, petitions for review of the decision of the Board of Immigration Appeals ("Board" or "BIA"), dismissing his appeal of the immigration judge's order denying his application for asylum and withholding of deportation pursuant to 8 U.S.C. Secs. 1158(a) and 1253(h). The Board determined Mr. Rahmat had failed to establish a well-founded fear of future persecution because he had not shown Communist authorities in Afghanistan had the ability to seek him out on a country-wide basis.

This matter is remanded to the BIA for reconsideration pursuant to Singh v. Moschorak, No. 94-55400 (9th Cir. April 28, 1995), and in the light of changed conditions in Afghanistan.

*

The Honorable W. B. Shubb, United States District Judge for the Eastern District of California, sitting by designation

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56 F.3d 73, 1995 U.S. App. LEXIS 11291, Counsel Stack Legal Research, https://law.counselstack.com/opinion/omar-kabir-rahmat-dastagir-v-immigration-and-natur-ca9-1995.