TEMU v. HOLDER

No. 13-1192.

740 F.3d 887 (2014)

Tumaini Geofrey TEMU, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: January 16, 2014.


Attorney(s) appearing for the Case

ARGUED: Katie Bukrinsky , Thomas Joseph Tynan , McDermott, Will & Emery, LLP, Washington, D.C., for Petitioner. Woei-Tyng Daniel Shieh , United States Department of Justice, Washington, D.C., for Respondent. ON BRIEF: Paul M. Thompson , Steven Hannes , McDermott, Will & Emery LLP, Washington, D.C.; Stephen Dekovich , Capital Area Immigrants' Rights Coalition, Washington, D.C., for Petitioner. Stuart F. Delery , Acting Assistant Attorney General, Civil Division, Francis W. Fraser , Senior Litigation Counsel, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent.

Petition for review granted, order vacated, and case remanded for further consideration consistent with this published opinion. Judge GREGORY wrote the majority opinion, in which Judge KING joined. Judge AGEE wrote a dissenting opinion.


GREGORY, Circuit Judge:

Tumaini Temu is a Tanzanian national who suffers from severe bipolar disorder. In his home country, Mr. Temu was tortured by nurses and prison guards because of his illness. After entering the United States, he applied for asylum, arguing that he was persecuted because of his membership in a particular social group. The Board of Immigration Appeals ("BIA") denied his application, finding that Mr. Temu was not a member of a social group under...

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