Alien petitioned for review of decision of Board of Immigration Appeals (BIA) to uphold denial of asylum and withholding of deportation. The Court of Appeals, Michael Daly Hawkins, Circuit Judge, held that: (1) petitioner suffered past persecution on account of her political opinion, making her eligible for asylum; (2) her actions in remaining in Nicaragua for eight years, working, marrying and having children after she was raped and abused while imprisoned on account of her political opinion were not relevant to "atrocity" of her past persecution; and (3) BIA abused its discretion in denying petitioner's asylum claim without considering whether she had suffered under atrocious forms of past persecution.
99 F. 3d 954 (1996)
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