Mashiri

Mashiri v. Department of Education

Good Law
724 F.3d 1028·2013 WL 2350372
United States Court of Appeals for the Ninth CircuitMarch 14, 2013No. 10-56022California1,799 words

Opinion

Lead Opinion

ORDER

The opinion filed March 14, 2013, and appearing at 709 F.3d 1299 , is amended as follows:

*1030 On Opinion page 1304, delete the following text:

[But even so, Mashiri’s asylum application would not show that he was in the U.S. for a non-temporary purpose, as § 1091(a)(5) requires. Ninth Circuit case law states:

Sudomir v. McMahon, 767 F.2d 1456,1462 (9th Cir.1985) (emphasis added) (footnote omitted).]

On Opinion page 1304, replace the deleted text with the following text:

[Because Mashiri did not properly raise his argument that his asylum application demonstrates his eligibility for FFELP loans, we do not address whether an alien who properly demonstrates that he is an asylum applicant is eligible for such loans.]

With the opinion thus amended, the panel has voted unanimously to deny the petition for rehearing. Judge O’Scannlain has voted to deny the petition for rehearing en banc, and Judges Goodwin and Zouhary recommended denial.

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 is DENIED and the petition for…

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