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DIALLO v. ASHCROFT

No. 03-1876.

381 F.3d 687 (2004)

Mamadou DIALLO, Petitioner, v. John D. ASHCROFT, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided August 26, 2004.

Attorney(s) appearing for the Case

Swaray E. Conteh (Argued), Indianapolis, IN, for Petitioner.

George P. Katsivalis, Department of Homeland Security, Office of the District Counsel, Chicago, IL, Richard M. Evans, Emily A. Radford, Margaret Kuehne Taylor, Department of Justice, Civil Division, Immigration Litigation, Washington, DC, for Respondent.

Before BAUER, MANION, and ROVNER, Circuit Judges.

ILANA DIAMOND ROVNER, Circuit Judge.

Mamadou Diallo, a native citizen of Mauritania, requested that the Immigration and Naturalization Service (INS)1 grant him asylum. The Agency refused, reasoning that Diallo had not been persecuted in Mauritania, did not have a well-founded fear of future persecution there, and had firmly resettled in Senegal prior to his arrival in the United States. Because the Agency (1) ignored its own regulations...

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