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MENGHESHA v. GONZALES

No. 04-1716.

450 F.3d 142 (2006)

Simmon Y. MENGHESHA, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided March 13, 2006.

Modified Opinion Filed June 14, 2006.

Attorney(s) appearing for the Case

ARGUED: David Allen Garfield, Washington, D.C., for Petitioner. Theodore Charles Hirt, Trial Attorney, U.S. Department of Justice, Office of Immigration Litigation, Civil Division, Washington, D.C., for Respondent. ON BRIEF: Peter D. Keisler, Assistant Attorney General, Civil Division, Margaret Perry, Senior Litigation, Counsel, U.S. Department of Justice, Office of Immigration Litigation, Civil Division, Washington, D.C., for Respondent.

Before WILLIAMS, KING, and GREGORY, Circuit Judges.

Petition for review granted; vacated and remanded by published opinion. Judge GREGORY wrote the majority opinion, in which Judge KING joined. Judge WILLIAMS wrote a separate dissenting opinion.

OPINION

GREGORY, Circuit Judge:

Simmon Y. Menghesha fled his native country of Ethiopia on July 8, 2001, the day he learned that government officials had discovered his role in thwarting the arrest of anti-government protestors. The following day, Menghesha...

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