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EL MORAGHY v. ASHCROFT

No. 02-2606.

331 F.3d 195 (2003)

Adel Nagi EL MORAGHY, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, First Circuit.

Decided June 12, 2003.

Attorney(s) appearing for the Case

Saher Joseph Macarius, for petitioner.

Harvey Kaplan, with whom Kaplan, O'Sullivan & Friedman, Beth Werlin, Mary A. Kenney, Nadine K. Wettstein, and Iris Gomez, were on the brief for American Immigration Law Foundation, Massachusetts Law Reform Institute, and the New England Chapter of the American Immigration Lawyers Association, amici curiae.

William C. Peachey, Attorney, Office of Immigration Litigation, with whom Robert D. McCallum, Jr., Assistant Attorney General, and Linda S. Wernery, Senior Litigation Counsel, were on brief for respondent.

Before SELYA and LYNCH, Circuit Judges, YOUNG, District Judge.

LYNCH, Circuit Judge.

This case causes us to review a denial of an application for asylum by a Coptic Christian Egyptian national based on grounds of religious persecution. Although the Board of Immigration Appeals ("BIA") affirmed the denial of asylum using its relatively new summary affirmance procedure, it should not have done so. Basic flaws in the methodology and reasoning used by the Immigration Judge ("IJ") undercut...

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