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MENGISTU v. ASHCROFT

No. 02-3419.

355 F.3d 1044 (2004)

Thomas MENGISTU, Petitioner, v. John ASHCROFT, Attorney General of the United States, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided January 22, 2004.

Attorney(s) appearing for the Case

Stanley J. Horn (argued), Azulay, Horn & Seiden, Chicago, IL, for Petitioner.

George P. Katsivalis, Department of Homeland Security, Chicago, IL, Susan C. Lynch (argued), Department of Justice, Washington, DC, for Respondent.

Before FLAUM, Chief Judge, and POSNER and EASTERBROOK, Circuit Judges.

POSNER, Circuit Judge.

Thomas Mengistu was born in 1968 in Addis Ababa, the capital of Ethiopia. Ethnically, however, he is Eritrean. He came to the United States from Ethiopia in 1989 on a student visa, which expired in 1991. He did not leave the country, and in 1992 the immigration service began deportation proceedings against him. He did not deny that he was deportable, but he applied for asylum on the ground that he had been persecuted by the Ethiopian government...

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