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MIKHAEL v. I.N.S

No. 95-60581.

115 F.3d 299 (1997)

Hekmat Wadih MIKHAEL, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Fifth Circuit.

June 4, 1997.

Attorney(s) appearing for the Case

Thomas Perrill Adams, New Orleans, LA, Jeri Ann H. Flynn, David Edward Tippett, Flynn & Associates, Baton Rouge, LA, for petitioner.

Janet Reno, Office of the United States Attorney General, Civil Division, Appellate Staff, Washington, DC, Joan Estelle Smiley, Robert L. Bombough, Director, Susie S. Cho, Office of Immigration Litigation, Washington, DC, John B. Z. Caplinger, Director, Immigration and Naturalization Service, New Orleans, LA, for respondent.

Before POLITZ, Chief Judge, and EMILIO M. GARZA and STEWART, Circuit Judges.

STEWART, Circuit Judge:

Hekmat Wadih Mikhael ("Mikhael") appeals the Board of Immigration Appeals' ("BIA" or "the Board") affirmance of the Immigration Judge's ("IJ") denial of his application for asylum and withholding of deportation. After a careful review of the record, the briefs and the arguments of counsel, we VACATE the decision of the BIA and REMAND with instructions to reconsider Mikhael's asylum and withholding of deportation requests.

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