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AWALE v. ASHCROFT

No. 03-1666.

384 F.3d 527 (2004)

Sacdiyo M. AWALE, Petitioner, v. John ASHCROFT, Respondent.

United States Court of Appeals, Eighth Circuit.

Filed: September 13, 2004.

Attorney(s) appearing for the Case

H. Allen Blair III, argued, Minneapolis, Minnesota (Pamela L. VanderWiel, on the brief), for petitioner.

Anthony W. Norwood, argued, Washington, D.C. (Peter D. Keisler, Terri J. Scadron, and Leslie McKay, on the brief), for respondent.

Before LOKEN, Chief Judge, SMITH, Circuit Judge, and DORR, District Judge.

LOKEN, Chief Judge.

Sacdiyo Awale is a thirty-four year old native of Somalia who entered the United States in January 1996 and applied for asylum and withholding of removal. The immigration judge (IJ) denied the application after an evidentiary hearing. The Board of Immigration Appeals (BIA) dismissed Awale's administrative appeal. The BIA assumed that Awale established past persecution but concluded that the government rebutted the resulting presumption of a well...

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