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DE BRENNER v. ASHCROFT

No. 03-2818.

388 F.3d 629 (2004)

Thays Xinia Guerrero DE BRENNER; Roberto Leonardo Brenner-Galarza; Romina Mariana Brenner-Guerrero, Petitioners, v. John ASHCROFT, Attorney General of the United States of America, Respondent.

United States Court of Appeals, Eighth Circuit.

Filed: November 10, 2004.

Attorney(s) appearing for the Case

Daniel L. Palmquist, argued Minneapolis, MN (Amy Schroder Ireland, Minneapolis, MN, on the brief), for petitioner.

Paul Fiorino, argued, USDOJ, Office of Immigration Litigation, Washington, DC.

Before LOKEN, Chief Judge, HEANEY and MELLOY, Circuit Judges.

MELLOY, Circuit Judge.

Petitioners appeal the Board of Immigration Appeals's ("BIA") reversal of an immigration judge's decision to grant asylum. The immigration judge found that the petitioners were credible and subject to past persecution in their home country of Peru. The immigration judge further found that evidence of changed country conditions did not overcome the presumption of a well-founded fear of future persecution. The BIA, however, concluded that the...

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