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   Federal Courts - 9th Circuit Court of Appeals - January 17, 2007

  
Lal v. Gonzales, No. 05-76210, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 17, 2007, Filed
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Lapuste v. Gonzales, No. 05-73398, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 17, 2007, Filed
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Overview: Substantial evidence supported the BIA's conclusion that evidence of changed country conditions in Romania rebutted any presumption of a well-founded fear of future persecution and that the alien was therefore not eligible for asylum. It followed that the alien failed to establish eligibility for withholding of removal.

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Lopez v. Gonzales, No. 05-74371, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 17, 2007, Filed
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Overview: A petition for review of denial was asylum was denied where testimony demonstrated that a family had been subjected to robbery, extortion, and attempted kidnapping that was economically motivated, but there was no evidence that the persecution was also on account of an enumerated ground from 8 U.S.C.S. § 1158.

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Lucas v. Gonzales, No. 05-72622, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 17, 2007, Filed
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Myenchikov v. Gonzales, No. 05-75164, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 17, 2007, Filed
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Nyambura Njenga v. Gonzales, No. 05-73189, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 17, 2007, Filed
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Overview: Substantial evidence did not support denial of asylum based on finding that alien did not suffer persecution because record compelled conclusion that harms alien suffered on account of her ethnicity, when considered cumulatively, constituted past persecution. Accordingly, alien was entitled to presumption of well-founded fear of future persecution.

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Patel v. Gonzales, No. 05-76097, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 17, 2007, Filed
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Overview: Alien was not statutorily ineligible for cancellation of removal under 8 U.S.C.S. § 1229b(a) on ground he was convicted of controlled substance offense before he acquired seven years of continuous physical presence, as any lawful status accrued by mother could be imputed to him to allow him to satisfy seven-year continuous residence requirement.

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Paz Guzman v. Gonzales, No. 05-72638, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 17, 2007, Filed
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Overview: Substantial evidence supported IJ's denial of Mexican native's applications for asylum, withholding of removal, and CAT relief; IJ, however, did not have benefit of Moran family unity decision when he found alien ineligible for cancellation of removal based on testimony that he smuggled children into U.S. in violation of 8 U.S.C.S. § 1182(a)(6)(E).

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Pinnavaia v. FBI, No. 05-56412, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 17, 2007, Filed
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Shepherd v. Gonzales, No. 05-74892, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 17, 2007, Filed
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Overview: Substantial evidence supported the BIA's determination that the alien had not established eligibility for asylum, 8 U.S.C.S. § 1158, withholding of removal, or protection under the Convention Against Torture. The record did not contain evidence that he had a well-founded fear of, or was likely to be subject to, persecution in the United Kingdom.

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