United States Eighth Circuit

In Muslim Albanian's petition for review of the BIA's order denying petitioner's claims for asylum and withholding of removal, the petition is granted where: 1) the mistreatment that petitioner claimed to have suffered, when considered on a cumulative basis, compelled the conclusion that he suffered past persecution; and 2) further, the government failed to show by a preponderance of the evidence that conditions in Montenegro have changed to such an extent that a reasonable person in the petitioner's position would no longer have a well-founded fear of persecution.

Appellate Information

• Decided 04/29/2010
• Published 04/29/2010

Judges

• JOHN R. GIBSON, Circuit Judge., Before WOLLMAN, JOHN R. GIBSON, and MURPHY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Timothy E. Wichmer, Bernhardt & Wichmer, argued, St. Louis, MO, for Petitioner.


• For Appellees:
  
• Karen Yolanda Drummond, Richard M. Evans, Assistant Director, Nancy Ellen Friedman, Brooke Maurer, Christina Bechak Parascandola, Benjamin Zeitlin, U.S. Department of Justice, argued, Washington, DC, for Respondent.