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   Federal Courts - 10th Circuit Court of Appeals - February 14, 2007

  
Hernandez v. Gonzales, No. 06-9523, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 14, 2007, Filed
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Overview: Court's review of the IJ's determination that the alien failed to establish "exceptional and extremely unusual hardship" under 8 U.S.C.S. § 1229b was precluded by 8 U.S.C.S. § 1252(a)(2)(B)(i) because the alien raised no question of law over which the court had jurisdiction and failed to show that his due process rights were violated.

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Hobby Dubel Mart v. Gonzales, No. 06-9548, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 14, 2007, Filed
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Overview: BIA's finding that the alien failed to establish a clear probability of persecution if returned to Indonesia was supported by substantial evidence that the alien did not face more than a 50 percent chance of being persecuted if he returned to Indonesia, and that Christians in Indonesia did not suffer organized, systematic, or pervasive persecution.

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Leonard v. Gonzales, No. 06-9516, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 14, 2007, Filed
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Overview: Substantial evidence supported determination that aliens did not establish entitlement to withholding of removal because testimony as to potential persecution from relatives was not credible and fact that aliens lived in Indonesia for 18 years while pursuing Christian religious activities showed that they could live there without serious harm.

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United States v. De La Torre-Rodriguez, No. 06-2032, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 14, 2007, Filed
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Overview: District court did not err when it rejected defendant's request for downward departure from sentencing range recommended by USSG and sentenced defendant to 57 months' imprisonment, after he pled guilty to reentering U.S. illegally after he was deported, because sentence was objectively reasonable in light factors outlined in 18 U.S.C.S. § 3553(a).

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United States v. Liapis, No. 06-4036, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 14, 2007, Filed
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Overview: Probable cause existed for warrant to search defendant's home because totality of circumstances included informant's report corroborated by controlled drug buy and surveillance of defendant's residence that revealed persons arriving for short periods of time. Citizen complaints and defendant's criminal history also supported issuance of warrant.

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