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QURESHI v. HOLDER

No. 11-30047.

663 F.3d 778 (2011)

Ghazanfar Hussein QURESHI; Kauser Bibi Qureshi; Naila Ghanzafar Qureshi; Naureen Ghanzafar Qureshi; Faiza Ghanzafar Qureshi; Mustansar Ghanzafar Qureshi; Bushra Ghanzafar Qureshi; Ahtzaaz Ghanzafar Qureshi, Plaintiffs-Appellants, v. Eric H. HOLDER, Jr., U.S. Attorney General; U.S. Department of Homeland Security, Janet Napolitano, Secretary; U.S. Citizenship and Immigration Services, Alejandro Mayorkas, Director; Marie Hummert, Director, USCIS Houston Asylum Center, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 28, 2011.

Attorney(s) appearing for the Case

Kathleen C. Gasparian (argued), David Ware & Associates, Metairie, LA, for Plaintiffs-Appellants.

Bradley Bruce Banias , Trial Atty. (argued), Kathryn Louise Moore , Trial Atty., U.S. Dept. of Justice, OIL, Washington, DC, for Defendants-Appellees.

Before SMITH, BARKSDALE and BENAVIDES, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

The Qureshis were originally granted asylum from Pakistan because of Mr. Qureshi's support for the Jammu Kashmir Liberation Front. Later, the U.S. Citizenship and Immigration Services ("USCIS") decided to terminate the Qureshis' asylum based on that same support, applying the "persecutor bar" to Mr. Qureshi. When removal proceedings ensued, the Qureshis sued USCIS to challenge its application of the bar. The district court granted USCIS...

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