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MOLATHWA v. ASHCROFT

No. 02-4124.

374 F.3d 661 (2004)

Mareko MOLATHWA, Petitioner, v. John ASHCROFT, Attorney General of the United States of America, Respondent.

United States Court of Appeals, Eighth Circuit.

Filed: July 8, 2004.

Attorney(s) appearing for the Case

Counsel who represented the petitioner was Patricia G. Mattos of St. Paul, MN.

Counsel who represented the respondent was Carl H. McIntyre, Jr., Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, of Washington, DC.

Before RILEY, MELLOY, and COLLOTON, Circuit Judges.

RILEY, Circuit Judge.

Mareko Molathwa (Molathwa), a citizen of Botswana, has moved to stay the Board of Immigration Appeals' (BIA) grant of voluntary departure pending appellate review of the denial of his application for asylum and withholding of removal. Respondent opposes the motion. For the reasons stated below, we deny Molathwa's motion for stay.

Molathwa entered the United States in December 1997 on a six-month nonimmigrant visa. He was charged in November...

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