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News From The Courts
Niam v. Ashcroft
2004 U.S. App. LEXIS 117
Decided January 7, 2004
The Petitioners, Nourain Niam, Peter Blagoev, Iordanka Kissiova, and Iana Kissiova petitioned for review of the orders of the Board of Immigration Appeals (BIA), which denied their claims for withholding of removal and asylum. The Sixth Circuit Court of Appeals consolidated their petitions.
The Sixth Circuit held that the fact that there had been a regime change in the applicants’ native countries of Sudan and Bulgaria, did not establish that they did not have a future fear of persecution when they returned. The Court also held that the BIA’s determination that the curriculum vitae of the expert witness produced by Blagoev and Kissiova did not show on its face that she was unqualified to give an expert opinion on the political conditions in Bulgaria.
The Court of Appeals reversed and remanded the case back to the Immigration Judge.
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