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DINU v. ASHCROFT

Nos. 02-74208, 03-72220.

372 F.3d 1041 (2004)

Alexandru DINU, Petitioner, v. John ASHCROFT, Attorney General, Respondent. Alexandru Dinu, Petitioner, v. John Ashcroft, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed June 18, 2004.

Attorney(s) appearing for the Case

Robert B. Jobe, San Francisco, CA, for the petitioner.

Peter D. Keisler, Assistant Attorney General, U.S. Department of Justice, Washington, DC, Richard M. Evans, Assistant Director, U.S. Department of Justice, Washington, DC, Nancy E. Friedman, Office of Immigration Litigation, U.S. Department of Justice, Washington, DC, and Patricia Smith, U.S. Department of Justice, Washington, DC, for the respondent.

Before: WALLACE, KOZINSKI and THOMAS, Circuit Judges.

KOZINSKI, Circuit Judge:

We consider whether police harassment which includes threats of prosecution, but where no charges are brought, must be deemed harassment "on account of ... political opinion" for purposes of the asylum statute.

Facts

Alexandru Dinu is a native and citizen of Romania. In 1989, when Dinu was twenty-one, he began a year of compulsory military service. During his tour of duty...

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