RUIZ v. GONZALES

No. 05-15875.

479 F.3d 762 (2007)

Javier Mauricio Martinez RUIZ, Petitioner, v. Alberto R. GONZALES, Attorney General of the United States, Respondent.

United States Court of Appeals, Eleventh Circuit.

February 20, 2007.


Attorney(s) appearing for the Case

Roberto Matus, Roberto Matus, P.A., Miami, FL, for Ruiz.

Kathleen M. Salyer, Anne R. Schultz, Asst. U.S. Atty., Miami, FL, David V. Bernal, Jamie M. Dowd, U.S. Dept of Justice, OIL, Washington, DC, for Respondent.

Before PRYOR, FAY and REAVLEY, Circuit Judges.


FAY, Circuit Judge:

Upon sua sponte reconsideration of this appeal, we vacate our prior opinion, published at 472 F.3d 1323 (11th Cir.2006), and substitute the following opinion in its place.

Javier Mauricio Martinez Ruiz ("Ruiz"), a Colombian citizen, appeals the Board of Immigration Appeals' ("BIA") denial of his application for asylum as well as his request for withholding of removal. Because Ruiz filed his application...

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