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JORGJI v. MUKASEY

No. 07-4571.

514 F.3d 53 (2008)

Dimitrulla JORGJI, Pandeli Jorgji, and Angjello Jorgji, Petitioners, v. Michael MUKASEY, Attorney General, Respondent.

United States Court of Appeals, First Circuit.

Decided January 24, 2008.

Attorney(s) appearing for the Case

Gregory Marotta and Law Office of Gregory Marotta on brief for petitioners.

Rebecca A. Niburg, Office of Immigration Litigation, Civil Division, Department of Justice, Peter D. Keisler, Assistant Attorney General, Civil Division, and Jeffrey J. Bernstein, Senior Litigation Counsel, Office of Immigration Litigation, on brief for respondent.

Before BOUDIN, Chief Judge, CAMPBELL and STAHL, Senior Circuit Judges.

BOUDIN, Chief Judge.

Pandeli and Dimitrulla Jorgji, who are husband and wife, and their son Angjello Jorgji are citizens of Albania. All entered the United States on tourist visas (Pandeli in 2000 and Dimitrulla and Angjello in 2001) which they then overstayed. Pandeli and Dimitrulla each applied for asylum-Dimitrulla in March 2002 and Pandeli in November 2002—and each claimed the other spouse and their son as derivatively entitled to asylum. 8 U.S.C. §...

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