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United States First Circuit


Lutaaya v. Mukasey, 072328

Petition for review of a decision denying relief from removal of Ugandan petitioner fearing persecution because of her membership in Democratic Party and alleged attack by members of Ugandan military is affirmed where: 1)Court lacks jurisdiction to review determination that an asylum application is untimely and unexcused by the circumstances; 2) petitioner has not exhausted the Convention Against Torture claim before the Board of Immigration Appeals; and 3) on her claim for withholding of removal, petitioner did not meet the burden showing that, upon deportation, she is "more likely than not to face persecution on account of race, religion, nationality membership in a particular social group, or political opinion".

Appellate Information

  • Decided 07/28/2008
  • Published 07/28/2008

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  • United States First Circuit

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