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CRUZ-SAMAYOA v. HOLDER

No. 09-3824.

607 F.3d 1145 (2010)

Lazaro CRUZ-SAMAYOA; Abigail Onofre Cruz-Gonzalez; Delia Susana Cruz, Petitioners, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Sixth Circuit.

June 21, 2010.

Attorney(s) appearing for the Case

ON BRIEF: Jamie B. Naini, Law Offices of Jamie B. Naini, Bartlett, Tennessee, for Petitioners. Kristofer R. McDonald, United States Department of Justice, Washington, D.C., for Respondent.

Before NORRIS, MOORE, and McKEAGUE, Circuit Judges.

OPINION

KAREN NELSON MOORE, Circuit Judge.

This case requires us to differentiate between a fear of legitimate criminal prosecution and illegitimate persecution for purposes of eligibility for humanitarian relief from removal under the Immigration and Nationality Act ("INA"). Lazaro Cruz-Samayoa ("Cruz") and his two adult children, Abigail Onofre Cruz-Gonzalez ("Abigail") and Delia Susana Cruz ("Delia"), collectively, the Cruz family, petition...

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