Parussimova

Parussimova v. Mukasey

Bad Law
555 F.3d 734·2009 WL 161220·2009 U.S. App. LEXIS 7885
United States Court of Appeals for the Ninth CircuitJanuary 26, 200906-75217California3,371 words

Opinion

Opinion

O'Scannlain, J.

ORDER AMENDING OPINION AND AMENDED OPINION

ORDER

The opinion filed in this case on July 24, 2008, is amended as follows:

At page 9245, 533 F.3d at 1135 of the slip opinion, line 11, after the sentence concluding “did not exist,” insert < Likewise, a motive is a “central reason” if that motive, standing alone, would have led the persecutor to harm the applicants

Judges O’Scannlain and Hawkins have voted to deny the petition for rehearing en banc and Judge Selna so recommends. The full court has been advised of the petition for rehearing en banc and no active judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.

The petition for rehearing en banc is DENIED. No further petitions for rehearing or rehearing en banc may be filed.

OPINION

We are called upon to interpret a provision of the Real ID Act of 2005 imposing a new evidentiary burden on asylum applicants and to determine whether the Board of Immigration Appeals, in applying such provision, properly denied asylum to an alien who claimed she was the victim of religious and ethnic persecution in Kazakhstan.

I

A

Tatyana Parussimova is a 28-year-old native and citizen of Kazakhstan. She is an…

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