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TOBON-MARIN v. MUKASEY

No. 07-1113.

512 F.3d 28 (2008)

Erney TOBON-MARIN, et al., Petitioners, v. Michael B. MUKASEY, Attorney General, Respondent.

United States Court of Appeals, First Circuit.

Decided January 8, 2008.

Attorney(s) appearing for the Case

Desmond P. FitzGerald, with whom FitzGerald & Company, LLC, was on brief for petitioner.

Peter D. Keisler, Acting Attorney General, Cindy S. Ferrier, Senior Litigation Counsel, and Rebecca A. Niburg, Trial Attorney, on brief for respondent.

Before LIPEZ, Circuit Judge, CYR, Senior Circuit Judge, and HOWARD, Circuit Judge.

CYR, Senior Circuit Judge.

Erney and John Freddy Tobon-Marin, brothers who are natives and citizens of Colombia, entered the United States in 2002 and 2003, respectively, without valid visas. The Immigration and Naturalization Service (INS) commenced deportation proceedings against the brothers, who conceded removability, but filed applications for asylum based on their allegations of past persecution in Colombia relating...

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