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   Federal Courts - 9th Circuit Court of Appeals - January 12, 2007

  
Prakash v. Gonzales, No. 05-71470, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 12, 2007, Filed
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Overview: Substantial evidence supported the denial of asylum and withholding of removal because an alien failed to establish past persecution or a well-founded fear of future persecution based on ethnic Fijians threatening the alien to leave his house, difficulties finding work in Fiji, and an incident in which an ethnic Fijian punched him.

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Reiner v. Remington, No. 06-55726, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 12, 2007, Filed
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Overview: 28 U.S.C.S. § 2254 petition properly was dismissed because petitioner was not "in custody" at time he filed petition, as required by § 2254(d), when he filed petition after probation expired. Once sentence completely expired, collateral consequences of conviction, including his disbarment, did not render him "in custody" for purposes of § 2254(d).

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Rivasplata-Pecho v. Gonzales, No. 05-73116, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 12, 2007, Filed
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Salazar v. Gonzales, No. 06-72267, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 12, 2007, Filed
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Sanchez v. Runnels, No. 05-55590, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 12, 2007, Filed
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Sembhi v. Gonzales, No. 04-72803, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 12, 2007, Filed
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Overview: Because past persecution and well-founded fear were standards for asylum and withholding of removal and not for CAT relief and alien's brief to BIA addressed only his claims that evidence presented to IJ established past persecution and well-founded fear of future persecution, alien did not exhaust administrative remedies with respect to CAT claim.

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Sharma v. Gonzales, No. 05-70125, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 12, 2007, Filed
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Overview: Cumulative effect of repeated thievery and death threats from ethnic Fijians and other events, including assault by Fijian with knife, supported past persecution claim, which entitled alien to presumption of well-founded fear of future persecution. Country conditions had not changed sufficiently to rebut presumption, so she was eligible for asylum.

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Singh v. Gonzales, No. 05-73832, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 12, 2007, Filed
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Singh v. Gonzales, No. 05-73709, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 12, 2007, Filed
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Sundar v. Gonzales, No. 05-74258, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 12, 2007, Filed
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Overview: Substantial evidence supported IJ's denial of asylum application because alien failed to establish past persecution or a well-founded fear of future persecution based on minor assaults and theft by ethnic Fijians. Because the alien failed to establish eligibility for asylum, he necessarily failed to establish eligibility for withholding of removal.

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