Salazar-Paucar v. Immigration and Naturalization Service

Citation290 F.3d 964
Decision Date28 February 2002
Docket NumberNo. 99-71306.,No. 00-70811.,99-71306.,00-70811.
PartiesDagoberto Hermes SALAZAR-PAUCAR, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.
CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)

Gary Finn, Indio, CA, for the petitioner.

James A. Hunolt, Heather R. Phillips, United States Department of Justice, Office of Immigration Litigation, Washington, DC, for the respondent.

On Petition for Review of an Order of the Board of Immigration Appeals.

Before: WARDLAW, PAEZ and TALLMAN, Circuit Judges.

PAEZ, Circuit Judge.

ORDER

The opinion of this court filed in this case on February 28, 2002, slip op. at 3329 (281 F.3d 1069), is amended as follows:

At slip op. at 3346, first full paragraph after "V. CONCLUSION," delete "for a grant of asylum," and replace with "for the Attorney General to exercise his discretion whether to grant Petitioner asylum. 8 U.S.C. § 1158(b)(1); Duarte de Guinac v. INS, 179 F.3d 1156, 1164 (9th Cir.1999)."

Delete "also" in the following sentence, to read: "The application for withholding of deportation is granted."

With these amendments, the panel has unanimously voted to deny panel rehearing. The petition for panel rehearing in 99-71306 is denied.

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  • Molina v. Garland
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 13 d1 Junho d1 2022
    ...when his friend was shot in the head at a demonstration. See Salazar-Paucar v. INS , 281 F.3d 1069, 1075 (9th Cir.), as amended , 290 F.3d 964 (9th Cir. 2002) (holding that "[e]vidence of harm to individuals who held the same political positions" to the petitioner supported a finding of pas......
  • Stoll v. U.S. Citizenship & Immigration Servs.
    • United States
    • U.S. District Court — Eastern District of California
    • 1 d1 Março d1 2021
    ...reviews "the BIA's decision rather than the IJ's, except to the extent that the BIA expressly adopts the IJ's ruling.") amended by 290 F.3d 964 (9th Cir. 2002); Alaelua v. I.N.S., 45 F.3d 1379, 1382 (9th Cir. 1995) (reviewing both the BIA and Immigration Judge's decisions when it is clear t......
  • Canales-Vargas v. Gonzales, 03-71737.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 21 d2 Março d2 2006
    ...a presumption of entitlement to withholding of deportation. See Salazar-Paucar v. INS, 281 F.3d 1069, 1077 (9th Cir.), amended by 290 F.3d 964 (9th Cir.2002); see also Cardoza-Fonseca, 480 U.S. at 430, 107 S.Ct. 1207; INS v. Stevic, 467 U.S. 407, 424, 104 S.Ct. 2489, 81 L.Ed.2d 321 B. Analy......
  • United States v. Drahota, No. CR02-4090-DEO (N.D. Iowa 2003)
    • United States
    • U.S. District Court — Northern District of Iowa
    • 1 d6 Março d6 2003
    ... ... R. Civ. P. 72(b), within ten (10) days of the service of a copy of this report and recommendation, as follows: ... ...
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1 books & journal articles
  • Social Media and Online Persecution
    • United States
    • Georgetown Immigration Law Journal No. 35-3, April 2021
    • 1 d4 Abril d4 2021
    ...term physical or mental harm to establish past persecution”); Salazar-Paucar v. INS, 281 F.3d 1069, 1074–75 (9th Cir. 2002), as amended by 290 F.3d 964 (9th Cir. 2002) (f‌inding past persecution where the asylum-seeker was threatened with death but was not physically harmed); see also Gonza......

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