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GALICIA v. ASHCROFT

No. 04-1358.

396 F.3d 446 (2005)

Luis Enrique GALICIA, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, First Circuit.

Decided January 27, 2005.

Attorney(s) appearing for the Case

Donald H. Barnes on brief for petitioner.

David E. Dauenheimer, Attorney, Office of Immigration Litigation, Civil Division, Peter D. Keisler, Assistant Attorney General, Civil Division, and Richard M. Evans, Assistant Director, on brief for respondent.

Before SELYA, Circuit Judge, STAHL, Senior Circuit Judge, LYNCH, Circuit Judge.

LYNCH, Circuit Judge.

Luis Enrique Galicia ("petitioner") is a gay man who was, as a result of his homosexuality, both beaten and verbally abused in 1998 by his neighbors in his home village of Jalapa, Guatemala. He entered the United States illegally later that year, applied for asylum, and had a removal hearing (after many continuances) on September 6, 2002. The Immigration Judge (IJ) that day denied his claims for asylum and withholding of removal based on claimed...

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