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CIRCU v. ASHCROFT

No. 02-73420.

389 F.3d 938 (2004)

Violeta CIRCU, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed November 22, 2004.

Attorney(s) appearing for the Case

Sharon M. Dulberg and Rosy H. Cho, McVey Mullery & Dulberg, San Francisco, CA, for the petitioner.

Peter D. Keisler, Assistant United States Attorney General, Civil Division; Christopher C. Fuller, Senior Litigation Counsel; and Janice K. Redfern, Office of Immigration Litigation, United States Department of Justice, Washington, DC, for the respondent.

Before O'SCANNLAIN, SILER, JR., and HAWKINS, Circuit Judges.

Opinion by Judge SILER; Dissent by Judge HAWKINS.

SILER, Circuit Judge.

Violeta Circu, a native and citizen of Romania, petitions for review of the decision of the Board of Immigration Appeals ("BIA") denying her claim for asylum, but permitting her to voluntarily depart the United States. Circu argues, inter alia, that the Immigration Judge ("IJ") and BIA violated her right to due process by relying on the Department of State "1999 Country Reports...

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