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   Federal Courts - 9th Circuit Court of Appeals - January 16, 2007

  
Melero-Carrasco v. Gonzales, No. 04-76233, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 16, 2007, Filed
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Miranda-Retana v. Gonzales, Nos. 05-71785, 05-76197, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 16, 2007, Filed
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Overview: Substantial evidence supported denial of asylum based on conclusion that aliens' subjectively genuine fear of future persecution was not objectively reasonable because harm that aliens experienced at hands of judicial police occurred in 1985, and aliens continued to live in hometown without further mistreatment for two years before leaving Mexico.

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Orellanda v. Gonzales, No. 05-72016, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 16, 2007, Filed
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Overview: Substantial evidence supported the denial of asylum and withholding of removal because an alien's testimony that unidentified callers threatened him for attempting to collect a debt that the military owed to a pharmaceutical company did not compel a conclusion that he was or would be targeted on account of a statutorily protected ground.

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Pawal v. Gonzales, No. 05-73696, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 16, 2007, Filed
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Perkins v. Carey, No. 05-15367, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 16, 2007, Filed
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Rivera v. Gonzales, No. 05-76870, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 16, 2007, Filed
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Overview: BIA acted within its discretion when it denied aliens' motion to reconsider the BIA's prior order upholding an immigration judge's denial of their applications for cancellation of removal because the motion failed to identify any error of fact or law in the BIA's prior decision to warrant reconsideration under 8 C.F.R. § 1003.2(b)(1).

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Ross v. Alameida, No. 04-16869, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 16, 2007, Filed
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San Pedro Manalili v. Gonzales, No. 05-70162, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 16, 2007, Filed
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Sanchez-Martinez v. Gonzales, No. 04-76009, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 16, 2007, Filed
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Overview: An alien waived any challenge to an IJ's determination that the alien failed to establish eligibility for cancellation of removal because the alien did not address that conclusion in her opening brief. The court lacked jurisdiction to review the agency's decision to commence removal rather than deportation proceedings against the alien.

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Sherpa v. Gonzales, No. 05-75314, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 16, 2007, Filed
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Overview: Because attack suffered by alien clearly rose to level of persecution, alien was entitled to a rebuttable presumption of well-founded fear of future persecution on his asylum and withholding of removal claims, and burden fell on government to prove that circumstances in Nepal had changed such that alien did not have grounds for a well-founded fear.

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