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DHITAL v. MUKASEY

No. 06-75043.

532 F.3d 1044 (2008)

Sanjeeb Sharma DHITAL, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed July 17, 2008.

Attorney(s) appearing for the Case

Elisa C. Brasil, Law Offices of Kaiser and Capeci, San Francisco, CA, argued the cause for the petitioner and was on the opening brief; Dominic E. Capeci, Law Offices of Kaiser and Capeci, San Francisco, CA, filed the briefs.

Sarah Maloney, Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, DC, argued the cause for the respondent; Greg D. Mack, Senior Litigation Counsel, Office of Immigration Litigation, filed a brief; Annette J. Clark, Of Counsel, Office of Immigration Litigation, Terri Scadron, Assistant Director, Office of Immigration Litigation, and Peter D. Keisler, Assistant Attorney General, Civil Division, were on the brief.

PER CURIAM Opinion; Concurrence by Judge O'SCANNLAIN.

PER CURIAM:

We must decide whether an Immigration Judge properly denied admissibility to a noncitizen student who admitted to having previously obtained asylum under a false identity.

I

A

Sanjeeb Sharma Dhital, a native and citizen of Nepal, was admitted to the United States on an F-1 student visa in 1998. Dhital enrolled at Lincoln University in San Francisco, California, and later transferred to Laney College in Oakland, California. In...

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