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PELINKOVIC v. ASHCROFT

No. 02-3065.

366 F.3d 532 (2004)

Rizaja PELINKOVIC, Sanija Pelinkovic, and Svebor Pelinkovic, Petitioners, v. John D. ASHCROFT, Attorney General of the United States, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided April 28, 2004.

Attorney(s) appearing for the Case

Mary L. Sfasciotti (Argued), Chicago, IL, M. Jocelyn Lopez-Wright, Department of Justice, Civil Division, Immigration Litigation, Washington, DC, for Petitioners.

George P. Katsivalis, Department of Homeland Security, Office of the District Counsel, Chicago, IL, Jamie M. Dowd (Argued), Department of Justice, Civil Division, Immigration Litigation, Washington, DC, for Respondents.

Before EASTERBROOK, MANION, and KANNE, Circuit Judges.

KANNE, Circuit Judge.

I. Background

Rizaja Pelinkovic applied for asylum in 1995. His wife, Sanija, and his son, Svebor, made derivative claims under 8 U.S.C. § 1153(d). The Pelinkovics are Muslims and ethnic Albanians from the city of Bar in Montenegro, a part of the former Yugoslavia. They fled their home for the United States in February of 1992 due to Rizaja's fear that the military would forcibly reactivate him and send him to Croatia to fight...

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