N-A-M v. HOLDER

Nos. 07-9580, 08-9527.

587 F.3d 1052 (2009)

N-A-M, Petitioner, v. Eric H. HOLDER, Jr. Attorney General of the United States, Respondent, United Nations High Commissioner for Refugees; Deborah Anker; Guy S. Goodwin-Gill; James C. Hathaway; Amici Curiae.

United States Court of Appeals, Tenth Circuit.

November 20, 2009.


Attorney(s) appearing for the Case

Laura L. Lichter, Lichter & Associates, P.C., Denver, CO, for Plaintiff-Appellant.

Margaret J. Perry, Senior Litigation Counsel (Joanne E. Johnson, Attorney, with her on the brief), Office of Immigration Litigation Civil Division, United States Department of Justice, Washington DC, for Defendant-Respondent.

Steven H. Schulman and Vivek Arora, Akin Gump Strauss Hauer & Feld, Washington, DC, filed an Amicus Curiae brief for The United Nations High Commissioner for Refugees, in support of Petitioner.

Deborah Anker, Cambridge, Massachusetts, and Jeff Joseph, Joseph Law Firm, Denver, CO, filed an Amicus Curiae brief for Deborah Anker, Guy S. Goodwill, and James C. Hathaway, in support of Petitioner.

Before HENRY, Chief Judge, MURPHY and TYMKOVICH, Circuit Judges.


PER CURIAM.

Petitioner N-A-M seeks review of a Board of Immigration Appeals' ("BIA") decision to remove her to her native El Salvador.1 Although the Immigration Judge determined that N-A-M had a "viable persecution claim," I.J. Dec. at 8, the Immigration Judge denied, and the BIA affirmed, her petition for withholding of removal because she had been convicted of felony menacing—a "particularly serious crime," pursuant to the Refugee...

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