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MASHIRI v. DEPARTMENT OF EDUC.

No. 10-56022.

724 F.3d 1028 (2013)

Asil MASHIRI, Plaintiff-Appellant, v. DEPARTMENT OF EDUCATION; Department of Homeland Security; United States Citizenship and Immigration Services; Arne Duncan; William J. Taggart; Janet A. Napolitano; Michael Aytes; F. Gerard Heinauer, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 14, 2013.

Amended May 30, 2013.

Attorney(s) appearing for the Case

Asil Mashiri, pro se, San Diego, CA, for Plaintiff-Appellant.

Raven M. Norris , Assistant U.S. Attorney, San Diego, CA, for Defendants-Appellees.

Before: ALFRED T. GOODWIN and DIARMUID F. O'SCANNLAIN, Circuit Judges, and JACK ZOUHARY, District Judge.

ORDER

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

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:

The status of asylum applicants and its duration...

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