023504P.pdf   06/07/2004  Yohannes Habtemicael  v.  John D. Ashcroft
   U.S. Court of Appeals Case No:  02-3504
   Agency   
   Petition for Review - Immigration. Petitioner, a citizen of Eritrea, 
   failed to demonstrate past persecution based on his political beliefs or a 
   well-founded fear or clear probability of future persecution if he was 
   returned to Eritrea; however, the Immigration Judge failed to fully 
   analyze petitioner's claim under the United Nations Convention Against 
   Torture, and the case is remanded for further findings as to whether 
   petitioner is more likely than not to be subjected to torture if he is 
   removed to Eritrea. 
   [PUBLISHED] [Murphy, Author, with Lay and Fagg, Circuit Judges] 
  
023504P.pdf   03/09/2004  Yohannes Habtemicael  v.  John D. Ashcroft
   U.S. Court of Appeals Case No:  02-3504
   Agency   
   Petition for Review - Immigration. Petitioner, a citizen of Eritrea, 
   failed to demonstrate past persecution based on political beliefs or a well- 
   founded fear or clear probability of persecution for his political beliefs if 
   he returned toe Eritrea; however, the Immigration Judge failed to fully 
   analyze petitioner's claim that his return to Eritrea would violate the 
   United Nations Convention Against Torture, and the case is remanded for 
   further proceedings. 
   [PUBLISHED] [Murphy, Author]