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FERGISTE v. I.N.S.

No. 97-1851.

138 F.3d 14 (1998)

Nicken FERGISTE, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, First Circuit.

Decided March 12, 1998.

Attorney(s) appearing for the Case

David S. Clancy, Boston, MA, with whom Deborah E. Anker, Cambridge, MA, was on brief, for petitioner.

Karen Ann Hunold, Attorney, with whom Frank W. Hunger, Assistant Attorney General, and Linda S. Wendtland, Senior Litigation Counsel, Office of Immigration Litigation, United States Department of Justice, Washington, DC, were on brief, for respondent.

Before SELYA, STAHL and LYNCH, Circuit Judges.

STAHL, Circuit Judge.

Petitioner Nicken Fergiste appeals a Board of Immigration Appeals ("Board" or "BIA") decision affirming a final order of exclusion, denying him political asylum and withholding of deportation. The Board found that changed country conditions in Haiti had obviated any need for political asylum. Because the Board failed to apply, and the Immigration and Naturalization Service ("INS") failed to rebut, a presumption that petitioner had a reasonable...

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