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URBINA-MEJIA v. HOLDER

No. 09-3567.

597 F.3d 360 (2010)

Jose Luis URBINA-MEJIA, Petitioner-Appellant, v. Eric H. HOLDER, Jr., Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 5, 2010.

Attorney(s) appearing for the Case

ON BRIEF: Jamie B. Naini, The Law Offices of Jamie B. Naini, Memphis, Tennessee, for Petitioner. John W. Blakeley, United States Department of Justice, Washington, D.C., for Respondent.

MARTIN, J., delivered the opinion of the court, in which MOORE, J., joined. SILER, J. (p. 370), delivered a separate opinion concurring with Parts I., II., and III.C. of the majority and concurring in the judgment.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Jose Luis Urbina-Mejia seeks review of a Board of Immigration Appeals decision affirming an immigration judge's denial of his applications for withholding of removal under section 241 of the Immigration and Nationality Act, 8 U.S.C. § 1231. The Board of Immigration Appeals erred in finding that Urbina-Mejia was not a member of a particular social group for which he would likely be subject to persecution should...

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