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United States Seventh Circuit


MENGISTU v. ASHCROFT, 02-3419

The BIA committed a non sequitur when deciding not to reopen the case of an Ethiopian asylum applicant (of Eritrean descent) despite the ongoing persecution of Eritreans by Ethiopia. The BIA merely noted that Ethiopia was beginning to withdraw its troops from Eritrea and pointed to the U.N.'s presence in Ethiopia as a sign that conditions regarding persecution of Eritreans had changed.

Appellate Information

  • Decided 01/22/2004
  • Published 01/22/2004

Judges

  • POSNER, Circuit Judge., Before FLAUM, Chief Judge, and POSNER and EASTERBROOK, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Stanley J. Horn (argued), Azulay, Horn & Seiden, Chicago, IL, for Petitioner.

  • For Appellees:
  • George P. Katsivalis, Department of Homeland Security, Chicago, IL, Susan C. Lynch (argued), Department of Justice, Washington, DC, for Respondent.
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