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ALAM v. GARLAND

No. 19-72744.

11 F.4th 1133 (2021)

Morshed ALAM, Petitioner, v. Merrick B. GARLAND, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed September 8, 2021.

Attorney(s) appearing for the Case

Mate Jurkovic and Chelsey Noelle Kelso , Goldstein & Associates LLC, Pittsburgh, Pennsylvania, for Petitioner.

Brian M. Boynton , Acting Assistant Attorney General; John W. Blakeley , Assistant Director; Greg D. Mack , Senior Litigation Counsel; Elizabeth K. Fitzgerald-Sambou , Trial Attorney; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Respondent.

Concurrence by Judge Bennett.

OPINION

We voted to rehear this case en banc to reconsider our "single factor rule," which we have applied in considering petitions for review from decisions by the Board of Immigration Appeals ("BIA"). The single factor rule, as we have applied it, requires us to sustain an adverse credibility finding if "one of the...

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