Opinion
No. 96-70467
Argued and Submitted June 10, 1997 — San Francisco, California.
Filed September 15, 1997. Amended January 6, 1998.
COUNSEL
Randall Caudle, San Francisco, California, for the petitioner.
Marshall Tamor Golding, Ann V. Crowley, United States Department of Justice, Washington, D.C., for the respondent.
Petition to Review a Decision of the Immigration and Naturalization Service.
INS No. A72-124-436.
Before: Mary M. Schroeder, Andrew J. Kleinfeld, Circuit Judges, and Evan J. Wallach, U.S. Court of International Trade Judge.
ORDER
The opinion filed on September 15, 1997 is amended as follows:
The sentence at page 12060, lines 9-13, which reads:
"Because we conclude that Gonzales-Neyra established past persecution on account of his political opinion, we also hold that he was entitled to a rebuttable presumption that he had a well-founded fear that he would be similarly persecuted in the future."
is replaced by:
"Regardless of whether Gonzales-Neyra established past persecution on account of his political opinion, he established a well-founded fear of future persecution."
The Petition for Rehearing is denied.