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ESCOBAR v. GONZALES

No. 04-2999.

417 F.3d 363 (2005)

Eldin Jacobo ESCOBAR, Petitioner v. Alberto GONZALES, Attorney General of the United States, Respondent.

United States Court of Appeals, Third Circuit.

July 28, 2005.

Attorney(s) appearing for the Case

Steven D. Gordon, (Argued),** Holland & Knight LLP, Washington, D.C., for Petitioner-Appellant.

John C. Cunningham, (Argued), Senior Litigation Counsel, Peter D. Keisler, Assistant Attorney General, Civil Division, Linda S. Wendtland, Assistant Director, U.S. Department of Justice, Civil Division, Office of Immigration Litigation, Ben Franklin Station, Washington, D.C., for Respondent-Appellee.

Before MCKEE, VAN ANTWERPEN and WEIS, Circuit Judges.

OPINION

WEIS, Circuit Judge.

The issue in this appeal is whether, under the Immigration and Nationality Act, Honduran "street children" constitute a "particular social group" whose members can seek asylum and withholding of removal based on their persecution or a well-founded fear of persecution in their home country. See 8 U.S.C. §§ 1101(a)(42)(A), 1158(a), 1231(b)(3). We conclude that Honduran street children are not a particular...

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