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CARCAMO-RECINOS v. ASHCROFT

No. 03-2428.

389 F.3d 253 (2004)

David A. CARCAMO-RECINOS, Petitioner, v. John ASHCROFT, United States Attorney General, Respondent.

United States Court of Appeals, First Circuit.

Decided November 23, 2004.

Attorney(s) appearing for the Case

Rebecca O'Brien Radford with whom Goulston & Storrs was on brief, for petitioner.

Jonathan F. Potter with whom Peter D. Keisler, Assistant Attorney General, Civil Division, Michael P. Lindemann, Assistant Director, Office of Immigration Litigation and Douglas E. Ginsburg, Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, were on brief, for respondent.

Before TORRUELLA and HOWARD, Circuit Judges, DiCLERICO, District Judge.

HOWARD, Circuit Judge.

David Carcamo-Recinos, a native of Guatemala, petitions for review of an order of the Board of Immigration Appeals ("BIA") affirming an immigration judge's ("IJ's") denial of his request for asylum and withholding of removal. The pertinent background follows.

On May 22, 1998, the Immigration and Naturalization Service1 ("INS") issued a Notice to Appear to Carcamo, alleging that he was an alien removable for...

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