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CASTRO-MARTINEZ v. HOLDER

No. 08-70343.

674 F.3d 1073 (2011)

Rafael CASTRO-MARTINEZ, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed April 15, 2011.

Amended December 5, 2011.

Attorney(s) appearing for the Case

Judith Marty , Fullerton, CA, for the petitioner.

Gregory G. Katsas , Assistant Attorney General, Civil Division, Mary Jane Candaux , Assistant Director, Aimee J. Frederickson , Trial Attorney, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, D.C., for the respondent.

Before: M. MARGARET McKEOWN, WILLIAM A. FLETCHER, and RICHARD R. CLIFTON, Circuit Judges.

ORDER

The opinion filed on April 15, 2011, is amended as follows:

1. At page 5118 of the slip opinion (641 F.3d 1103, 1107), omit the following sentence and citation from the end of the paragraph at the top of the page:

Violence or discrimination inflicted by private parties does not constitute persecution if it is not condoned by the state and if the state takes reasonable steps to prevent and respond to it.

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