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SILVA v. GONZALES

No. 05-2736.

463 F.3d 68 (2006)

Alvaro Salim SILVA, Petitioner, v. Alberto GONZALES, Attorney General of the United States, Respondent.

United States Court of Appeals, First Circuit.

Decided September 15, 2006.

Attorney(s) appearing for the Case

Kathleen M. Gillespie and Law Offices of Jeffrey B. Rubin, P.C., on brief, for petitioner.

I. Glenn Cohen, Attorney, Appellate Staff, Civil Division, United States Department of Justice, Peter D. Keisler, Assistant Attorney General, and Thomas M. Bondy, Attorney, Appellate Staff, Civil Division, United States Department of Justice, on brief, for respondent.

Before BOUDIN, Chief Judge, LYNCH and HOWARD, Circuit Judges.

LYNCH, Circuit Judge.

The petitioner, Alvaro Salim Silva, a native and citizen of Colombia, seeks review of the denial of his application for asylum and withholding of removal. An Immigration Judge (IJ) found Silva's application for asylum pretermitted, and also concluded that Silva failed to carry the burden of proof with respect to his withholding of removal claim. The Board of Immigration Appeals (BIA) adopted and affirmed the IJ's decision. We affirm the BIA and...

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