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United States Ninth Circuit


Fernandez v. Mukasey, 06-74228

In immigration proceedings involving devout Catholics, who attempted to conceive a child for many years but were unable to have a child due to their religious opposition to in vitro fertilization, petition for review arising from a denial of their application for cancellation of removal due to their lack of a qualifying relative is denied over claims that the application of the statutory requirements for cancellation of removal to them violates the Free Exercise Clause of the First Amendment and the Religious Freedom Restoration Act (RFRA).

Appellate Information

  • Argued 12/03/2007
  • Decided 01/07/2008
  • Published 01/07/2008

Judges

  • Before:  BETTY B. FLETCHER, MARSHA S. BERZON, and JOHNNIE B. RAWLINSON, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Martin Avila Robles, San Francisco, CA, for the petitioners.

  • For Appellees:
  • Don G. Scroggin, Department of Justice, Washington, D.C., for the respondent.
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