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July 01, 2008

CA1: Pakistani late and not oppressed

Jamal v. Gonzales, No. 07-1599 (6/27/08) is an asylum and CAT denial.  The petitioner is from Pakistan who opposed Musharraf.  He was beat up.  The IJ said that things in Pakistan were now better because his wife and kids were doing okay there. 

The First then says that an argument that the argument that "the failure of the IJ to make an individualized analysis in order to determine whether evidence exists in the record sufficient to qualify the Petitioner for an exception from the (one) 1-year asylum ban on the basis of changed circumstances or extraordinary circumstances . . . was a violation of due process . . . ." is “frivolous.”  The IJ said that since America is the land of legal aid, he could have known about the deadlines.

Anyway, the First affirms the conclusions that the beatings were isolated instances and not really persecution.

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