DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

054128P.pdf   03/21/2007  Oliva Nabulwala  v.  Alberto Gonzales
   U.S. Court of Appeals Case No:  05-4128
   Immigration & Naturalization Service   
   [PUBLISHED] [Benton, Author, with Melloy and Shepherd, Circuit
   Judges]
   Agency - petition for review. Citizen of Uganda who is a lesbian
   petitions for review denial of asylum, withholding or removal and
   Convention Against Torture relief. Homosexuality is a "particular social
   group." Immigration judges did not determine if government was unable
   or unwilling to control persons who had harmed petitioner, and Board
   made impermissible fact finding. Petition for review is granted and case
   is remanded for additional proceedings.