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TOUFIGHI v. MUKASEY

No. 04-74010.

538 F.3d 988 (2008)

Pejman TOUFIGHI, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed December 13, 2007.

Amended August 18, 2008.

Attorney(s) appearing for the Case

Theodore Whitley Chandler, Sidley Austin, San Francisco, CA, for the petitioner.

Adam M. Dinnell (argued) and Terri Scadron, United States Department of Justice, Civil Division, Washington, DC, for the respondent.

Opinion by Judge Singleton; Dissent by Judge Berzon.

ORDER

The opinion filed December 13, 2007, slip op. 16371, 510 F.3d 1059, is amended as follows.

1. At slip op. 16387, footnote 14, 510 F.3d at 1066-67, replace the sentences that begin <While the Department of Homeland. . . > and end <we lack jurisdiction to review the IJ's decision.> with < light of the IJ's factual determinations that Toufighi was not a genuine convert to Christianity, was not an apostate...

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