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MAHARAJ v. GONZALES

Nos. 03-71066, 03-73995.

416 F.3d 1088 (2005)

Vinodh Parsad MAHARAJ; Sunita Devi Maharaj; Preetika Maharaj; Meenal Maharaj; Vineet Maharaj, Petitioners, v. Alberto R. GONZALES, Attorney General, Respondent. Vinodh Parsad Maharaj; Sunita Devi Maharaj; Preetika Maharaj; Meenal Maharaj; Vineet Maharaj, Petitioners, v. Alberto R. Gonzales, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed August 4, 2005.

Attorney(s) appearing for the Case

Ashwani K. Bhakhri, Law Offices of Ashwani K. Bhakhri, Burlingame, CA, argued the cause for the petitioner, and filed a brief.

James E. Grimes, Office of Immigration Litigation, United States Department of Justice, Washington, DC, argued the cause for the respondent. Peter D. Keisler, Assistant Attorney General, Richard E. Evans, Assistant Director, and Nancy E. Friedman, Office of Immigration Litigation, United States Department of Justice, Washington, DC, were on the briefs.

Before: GOODWIN, O'SCANNLAIN, and KLEINFELD, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide whether a Fijian citizen's four-year residence in Canada, which ended when he entered the United States, constituted "firm resettlement" under federal immigration law, thus barring his claim for asylum here.

I

Vinodh Maharaj, his wife, and two of their three children are citizens of Fiji,1 where they lived until November, 1987. In March, 1987, Maharaj, who worked as a bus driver...

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