In the instant case, the BIA failed to address
the substance of the Petitioners’ claim for asylum
and instead held that the Petitioners failed to
establish a prima facie case for asylum based on
their
stateless
status
alone.
The
Petitioners
argued extensively in their motion to reopen that
revocation
of
persecution
and
nationality
citizenship
that
gives
their
rise
to
constitutes
resulting
fear
past
non-Kazak
of
future
persecution. R. at 29-48.
1.Revocation
of
citizenship
as
past
persecution
The BIA held that the Petitioners failed to
establish a prima facie case for asylum based on
their stateless status alone. Add. at 45-48. This
decision
is
contrary
to
precedent
in
the
two
Circuit Courts to have specifically considered this
issue. In Haile, the Seventh Circuit Court held
that revocation of citizenship when it results in
statelessness is persecution per se and that the
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