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104 F. App'x 652

Kumar v. Ashcroft

U.S. Courts of Appeals

Decided August 11, 2004

U.S. Courts of Appeals · decided 2004-08-11

Relies on Lopez-Galarza v. Immigration & Naturalization Service · Kebede v. Ashcroft

Decided 2004-08-11

¶1MEMORANDUM

¶2*653The Board of Immigration Appeals (“BIA”) failed to address Kumar’s claim that the past persecution he suffered was sufficiently “atrocious” to entitle him to asylum on humanitarian grounds, without the need to show a well-founded fear of future persecution. See Lopez-Galarza v. INS, 99 F.3d 954, 960-61 (9th Cir.1996). We express no opinion on the merits of this claim, but remand for the BIA to determine in the first instance. Kebede v. Ashcroft, 366 F.3d 808, 812 (9th Cir.2004).

¶3PETITION GRANTED.

¶4 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

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