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SHEHU v. GONZALES

No. 05-60585 Summary Calendar.

443 F.3d 435 (2006)

Florie SHEHU, Petitioner, v. Alberto R. GONZALES, U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

March 17, 2006.

Attorney(s) appearing for the Case

Lee Ann Russo, Morgan Reid Hirst, Matthew R. Nussbaum, Jones Day, Chicago, IL, Bryan R. Whittaker, Jones Day, Dallas, TX, for Petitioner.

Edward C. Durant, Thomas Ward Hussey, Dir., Linda Susan Wendtland, U.S. Dept. of Justice, Civ. Div., Imm. Lit., Washington, DC, Anne M. Estrada, U.S. INS, Dallas, TX, Caryl G. Thompson, U.S. INS, Dist. Directors Office, Attn: Joe A. Aguilar, New Orleans, LA, for Respondent.

Before SMITH, GARZA and PRADO, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Florie Shehu, a Kosovar Muslim who fled her country during the 1998 turmoil, appeals the decision of the Board of Immigration Appeals ("BIA"), which summarily affirmed the decision of the Immigration Judge ("IJ") denying her petition for asylum. The IJ found Shehu to be a credible witness and that Shehu had established past persecution. Because she established past persecution, Shehu was entitled to a rebuttable presumption of a well...

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