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

  
Sidhu v. Gonzales, No. 05-74601, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 16, 2007, Filed
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Overview: Substantial evidence supported the denial of an alien's applications for asylum and withholding of removal based on an adverse credibility determination when the alien's account of his alleged persecution conflicted with documents submitted in support of the alien's claim, such as his wife's affidavits.

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Singh v. Gonzales, No. 04-76379, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 16, 2007, Filed
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Singh v. Gonzales, No. 04-76378, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 16, 2007, Filed
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Singh v. Gonzales, Nos. 05-70454, 05-73983, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 16, 2007, Filed
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Overview: The BIA did not abuse its discretion when it denied an alien's motion to reopen proceedings on grounds of ineffective assistance of counsel because the alien failed to offer any explanation as to why he did not raise an ineffective assistance claim at an earlier stage in the proceedings or why equitable tolling should apply.

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Singh v. Gonzales, No. 05-72573, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 16, 2007, Filed
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Singh v. Gonzales, No. 05-73011, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 16, 2007, Filed
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Stanley v. Gonzales, No. 04-17147, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 16, 2007, Filed
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Overview: A former U.S. Trustee's action against the U.S. Attorney General challenging her removal pursuant to 28 U.S.C.S. § 581(c) was properly dismissed for lack of subject matter jurisdiction as none of her constitutional claims were colorable; her removal did not violate the separation of powers doctrine, the Appointments Clause, or offend due process.

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Storm v. Woodford, No. 06-55508, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 16, 2007, Filed
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Overview: State supreme court's holding that break in custody exception to no-recontact rule applied was not contrary to, or unreasonable application of, clearly established federal law; thus, prisoner's statement implicating himself in murder was not inadmissible on ground that he had invoked Fifth Amendment right to counsel during prior interrogation.

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Thabet v. Gonzales, No. 05-76581, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 16, 2007, Filed
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Thind v. Gonzales, No. 05-74668, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 16, 2007, Filed
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Overview: Substantial evidence supported denial of alien's application for asylum based on adverse credibility determination because the alien's inability to conclusively establish his true identity went to the heart of his asylum claim. Because alien could not establish eligibility for asylum, he could not establish eligibility for withholding of removal.

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