ABUHAWA v. HOLDER, 05-75276 (9th Cir. 7-16-2010)


GASIM ABUHAWA, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.

Nos. 05-75276, 05-77269, 06-73290.United States Court of Appeals, Ninth Circuit.
July 16, 2010.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

ORDER

Agency No. A075-727-333.

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Before: FRIEDMAN,[*] D.W. NELSON, and REINHARDT, Circuit Judges.

[*] The Honorable Daniel M. Friedman, United States Circuit Judge for the Federal Circuit, sitting by designation.

The memorandum disposition filed May 12, 2010, is hereby amended as follows:

1. At page 6, paragraph 2, line 3-page 7, paragraph 1, line 6: Delete the text beginning On remand
and ending in a similar manner. and replace it with the following sentence: On remand, the BIA is not precluded from re-evaluting Abuhawa’s credibility, although in doing so it may not, of course, draw adverse inferences on the bases that we have here rejected. See Soto-Olarte v. Holder, 555 F.3d 1089, 1093-96 (9th Cir. 2009).
With this amendment, the petition for rehearing is DENIED.

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