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MAHARAJ v. GONZALES

Nos. 03-71066, 03-73995.

450 F.3d 961 (2006)

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 June 9, 2006.

Attorney(s) appearing for the Case

Robert B. Jobe (argued), San Francisco, CA, and Ashwani K. Bhakhri (signed the briefs), Burlingame, CA, for the petitioners.

Alison Marie Igoe (argued), and Nancy E. Friedman (signed the briefs), United States Department of Justice, Washington, D.C., for the respondent.

Before MARY M. SCHROEDER, Chief Judge, HARRY PREGERSON, DIARMUID F. O'SCANNLAIN, PAMELA ANN RYMER, ANDREW J. KLEINFELD, SIDNEY R. THOMAS, SUSAN P. GRABER, W. FLETCHER, RAYMOND C. FISHER, RONALD M. GOULD, RICHARD A. PAEZ, JOHNNIE B. RAWLINSON, RICHARD R. CLIFTON, JAY S. BYBEE, and CONSUELO M. CALLAHAN, Circuit Judges.

Argued and Submitted En Banc March 23, 2006.

RYMER, Circuit Judge.

Vinodh Parsad Maharaj and his family, natives and citizens of Fiji, petition for review of a Board of Immigration Appeals (BIA) decision that denied them asylum on the ground that they were firmly resettled in Canada after fleeing persecution in Fiji and before arriving in the United States. Under regulations applicable to Maharaj's application, the Attorney General is precluded from granting...

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