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MALONGA v. HOLDER

No. 09-2218.

621 F.3d 757 (2010)

Noel MALONGA, Petitioner, v. Eric H. HOLDER, Jr., Attorney General of the United States, Petition for Review from the Board, Respondent.

United States Court of Appeals, Eighth Circuit.

Filed: September 14, 2010.

Attorney(s) appearing for the Case

Rachel Groneck , argued, St. Louis, MO, for petitioner.

Melissa Lynn Neiman-Kelting , USDOJ, OIL, argued, Kelly J. Walls , USDOJ, OIL, on the brief, Washington, DC, for resoondent.

Before MELLOY, SMITH, and COLLOTON, Circuit Judges.

MELLOY, Circuit Judge.

Noel Malonga, a native and citizen of the Republic of the Congo ("the Congo"), petitions for review of an order of the Board of Immigration Appeals ("BIA") denying withholding of removal. He claims past persecution and a clear probability of persecution upon return on account of his ethnicity and political opinion. We grant the petition for review and remand for reconsideration of whether he faces a clear probability of persecution based on...

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