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MIRANDA ALVARADO v. GONZALES

No. 03-70165.

441 F.3d 750 (2006)

Roberto Ferrer MIRANDA ALVARADO; Madeleine Janet Morales Lopez, Petitioners, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Submission Vacated November 4, 2004.

Resubmitted June 14, 2005.

Filed March 21, 2006.

Attorney(s) appearing for the Case

Nadeem H. Makada, Burlingame, CA, for the petitioner.

Norah Ascoli Schwarz, Senior Litigation Counsel, Office of Immigration Litigation, Civil Div., U.S. Dept. of Justice, and Marshall Tamor Golding (on the brief), for the respondent.

Before BETTY B. FLETCHER, EDWARD LEAVY, and MARSHA S. BERZON, Circuit Judges.

BERZON, Circuit Judge.

We apply a provision of the Immigration and Nationality Act (INA) that forbids the granting of asylum and withholding of removal to individuals who participate in the persecution of others on a protected ground, even if they themselves have a well-founded fear of persecution should they return. Roberto Ferrer Miranda Alvarado ("Miranda") sought asylum and withholding of removal, but an Immigration Judge (IJ) held that Miranda was barred from...

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