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FAKHRY v. MUKASEY

Nos. 04-73671, 04-76147.

524 F.3d 1057 (2008)

Aly Ahmed FAKHRY, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent. Aly Ahmed Fakhry, Petitioner, v. Michael B. Mukasey, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed May 5, 2008.

Attorney(s) appearing for the Case

Philip James Smith, Hecht & Smith, LLP, Portland, OR, for the petitioner.

Karin J. Immergut, United States Attorney for the District of Oregon, and William E. Fitzgerald and Kelly A. Zusman, Assistant United States Attorneys, Portland, OR, for the respondent.

Before: EDWARD LEAVY, RAYMOND C. FISHER, and MARSHA S. BERZON, Circuit Judges.

BERZON, Circuit Judge:

Aly Ahmed Fakhry, a native and citizen of Senegal, came to the United States on a temporary visa in 1999. Over three years later he applied for asylum based on his membership in a Senegalese political organization. The Immigration Judge ("IJ") denied his application, finding that he failed to qualify for the "changed circumstances" exception to the one-year bar on filing asylum claims, or, in the alternative, that he could reasonably relocate...

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