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Matter of H-

Board of Immigration Appeals
21 I & N Dec. 337 (1996)


Facts

H- (plaintiff) is a Somalian member of the Darood clan and the Marehan subclan. A member of the Marehan subclan ruled Somalia for 21 years until 1990, when he was ousted from power by other clans. As a result, the other clans retaliated against members of the Marehan subclan who were favored in the previous regime. H-'s father was murdered in his business by another clan, and his brother was murdered at a hospital after the family home was attacked. H- fled to another town but was detained by an armed group who severely beat him. A relative in the group helped him escape and another provided him funds to flee to the United States where he sought asylum. This appeal followed.

Rule of Law

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Issue

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Holding and Reasoning (Rosenberg, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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Dissent (Heilman, J.)

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