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United States Ninth Circuit


MENDEZ-GUTIERREZ v. ASHCROFT, 02-70546

The court has jurisdiction to Board of Immigration Appeals' decision dismissing petitioner's appeal of an Immigration Judge's refusal to reinstate a voluntarily-withdrawn asylum application, and the BIA erred in failing to address petitioner's claim of a well-founded fear of persecution before concluding he was not eligible for asylum.

Appellate Information

  • Argued 05/16/2003
  • Decided 08/20/2003
  • Published 08/20/2003

Judges

  • Before:  HUG, GIBSON  and FISHER, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Jonathan M. Kaufman, San Francisco, CA, for the petitioner.

  • For Appellees:
  • Anh-Thu P. Mai, Marshall Tamor Golding, United States Department of Justice Civil Division, Office of Immigration Litigation, Washington, DC, for the respondent.
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