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MALKANDI v. MUKASEY

No. 06-73491.

544 F.3d 1029 (2008)

Sam MALKANDI, a.k.a. Sarbarz Abulgani Mohammad, Petitioner-Appellant, v. Michael B. MUKASEY, Attorney General, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 19, 2008.

Attorney(s) appearing for the Case

Frederic C. Tausend and Shaakirrah R. Sanders, Kirkpatrick & Lockhart Preston Gates Ellis, LLP, Seattle, WA, for the petitioner-appellant.

Peter D. Keisler, Assistant Attorney General, Michael P. Lindemann, Assistant Director, William C. Peachey, Senior Litigation Counsel, Office of Immigration Litigation, Washington, D.C., for the respondent-appellee.

Before: STEPHEN REINHARDT, A. WALLACE TASHIMA, and M. MARGARET McKEOWN, Circuit Judges.

McKEOWN, Circuit Judge:

This case focuses on the interplay between credibility findings under the REAL ID Act of 2005 and the government's determination that "there are reasonable grounds for regarding petitioner Sam Malkandi as a danger to national security." Malkandi, an Iraqi Kurd who has lived in the United States since 1998, was granted permanent residence in 2000. He was placed in removal proceedings, however, when it was revealed that he lied to gain refugee...

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