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BERHANE v. HOLDER

No. 09-3153.

606 F.3d 819 (2010)

Biniam Fitwi BERHANE, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 4, 2010.

Attorney(s) appearing for the Case

ARGUED: David Garfield, Law Office, Washington, DC, for Petitioner. Theo Nickerson, United States Department of Justice, Washington, DC, for Respondent. ON BRIEF: David Garfield, Law Office, Washington, DC, for Petitioner. Theo Nickerson, United States Department of Justice, Washington, DC, for Respondent.

SUTTON, J., delivered the opinion of the court, in which KENNEDY, J., joined. MOORE, J. (pp. 825-29), delivered a separate concurring opinion.

SUTTON, Circuit Judge.

Biniam Berhane, a native and citizen of Ethiopia, claims that throwing rocks at police during anti-government demonstrations amounts to a political crime, which permits him to seek asylum, as opposed to a "serious nonpolitical crime," which bars him from seeking asylum and withholding of removal. 8 U.S.C. §§ 1158(b)(2)(A)(iii), 1231(b)(3)(B)(iii). The Board of Immigration Appeals rejected...

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