HERNANDEZ-MONTIEL v. I.N.S.

No. 98-70582.

225 F.3d 1084 (2000)

Geovanni HERNANDEZ-MONTIEL, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed August 24, 2000.


Attorney(s) appearing for the Case

Robert S. Gerber, Sheppard, Mullin, Richter & Hampton LLP, San Diego, California, for the petitioner.

Alice E. Loughran, United States Department of Justice, Washington, D.C., for the respondent.

Taylor Flynn, Los Angeles, California, Suzanne Goldberg, New York, New York, Jon W. Davidson, Los Angeles, California, and Shannon Minter, San Francisco, California, for amici curiae American Civil Liberties Union of Southern California, Lamda Legal Defense & Education Fund, Inc., National Center for Lesbian Rights, and International Gay and Lesbian Human Rights Commission.

Before: BRUNETTI and TASHIMA, Circuit Judges, and SCHWARZER, District Judge.


Opinion by Judge TASHIMA; Concurrence by Judge BRUNETTI.

TASHIMA, Circuit Judge:

Geovanni Hernandez-Montiel ("Geovanni"),1 a native and citizen of Mexico, seeks review of a decision of the Board of Immigration Appeals ("BIA"), denying his application for both asylum and withholding of deportation. The BIA dismissed Geovanni's appeal because it agreed with the immigration judge ("IJ") that Geovanni failed to show that he was persecuted...

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