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MIAH v. ASHCROFT

No. 01-3764.

346 F.3d 434 (2003)

Bismillah MIAH, Petitioner v. John ASHCROFT, Attorney General of the United States; Immigration & Naturalization Service, Respondents.

United States Court of Appeals, Third Circuit.

Filed October 9, 2003.

Attorney(s) appearing for the Case

Brian P. Downey [Argued], Pepper Hamilton, Harrisburg, PA, Barak A. Bassman, Pepper Hamilton, Philadelphia, PA, Angelo Stio, Pepper Hamilton, Princeton, N.J., for Petitioner.

David V. Bernal, Christopher C. Fuller, William C. Minick, Anthony C. Payne [Argued], United States Department of Justice, Office of Immigration Litigation, Ben Franklin Station, Washington, D.C., for Respondents.

Before ROTH, FUENTES and ALDISERT, Circuit Judges.

OPINION OF THE COURT

FUENTES, Circuit Judge.

Bismillah Miah ("Miah"), a national of Bangladesh, petitions for review of a decision of the Board of Immigration Appeals ("BIA" or "Board") ordering him removed to his home country. The Immigration Judge had denied Miah's petition for political asylum and withholding of removal on the basis that Miah's testimony lacked sufficient credibility and corroboration to sustain the burden of proof. The BIA, rejecting...

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