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GARCIA-MARTINEZ v. ASHCROFT

No. 02-74068.

371 F.3d 1066 (2004)

Reina Izabel GARCIA-MARTINEZ, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed June 14, 2004.

Attorney(s) appearing for the Case

Raymond A. Cardozo and Jayne E. Fleming (argued) of Reed, Smith, Crosby, Heafey LLP, Oakland, CA, for petitioner-appellant Reina Garcia-Martinez.

Peter Keisler, Mary Jane Candaux, and James E. Grimes (argued), Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, D.C., for respondent-appellee John Ashcroft, Attorney General.

Karen Musalo and Stephen M. Knight, U.C. Hastings College of Law, San Francisco, CA, for amicus curiae Center for Gender and Refugee Studies.

Before THOMPSON, TASHIMA, and RAWLINSON, Circuit Judges.

RAWLINSON, Circuit Judge:

Reina Garcia-Martinez (Garcia) has survived atrocities that most of us experience only in our worst nightmares. Her rural village in Guatemala was pillaged by both the guerillas and the military. Garcia's eventual rape was inextricably tied to the village's affiliation, in the minds of the Guatemalan military, with the guerillas. Because "[p]ersecution is stamped on every page of this record[,]" Lopez-Galarza v. INS,

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