United States Eighth Circuit

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Bracic v. Holder, 08-2843

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

  • Submitted 05/12/2009
  • Decided 04/29/2010
  • Published 04/29/2010


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


  • United States Eighth Circuit


  • 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.