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SOTELO-AQUIJE v. SLATTERY

No. 885, Docket 93-2583.

17 F.3d 33 (1994)

Luis Alberto SOTELO-AQUIJE, Petitioner-Appellant, v. William S. SLATTERY, District Director of the New York District of the Immigration & Naturalization Service and Roseanne Sonchik, Acting Assistant District Director for Detention and Deportation of the New York District of the Immigration & Naturalization Service, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 16, 1994.

Attorney(s) appearing for the Case

Anne Pilsbury, Brooklyn, New York (Lisa Reiner, Central American Legal Assistance, Brooklyn, New York, of counsel) for Appellant.

F. James Loprest, Jr., Special Assistant United States Attorney, New York City, (Mary Jo White, United States Attorney for the Southern District of New York, New York City, and Gabriel W. Gorenstein, Assistant United States Attorney for the Southern District of New York, New York City, of counsel), for Appellees.

Before: MINER, MAHONEY and HEANEY, Circuit Judges.

HEANEY, Senior Circuit Judge:

Luis Alberto Sotelo-Aquije seeks review of a decision by the Board of Immigration Appeals (BIA) denying his application for asylum and withholding of deportation. We find the BIA's conclusion that petitioner does not have a well-founded fear of persecution on account of his political opinion is not supported by the record or by the BIA's own findings. We reverse the denial of asylum and remand for further proceedings.

I.

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