Mashiri v. Department of Education
Court of Appeals for the Ninth Circuit
1Opinion of the Court
ORDER
The opinion filed March 14, 2013, and appearing at 709 F.3d 1299, is amended as follows:
*1030On Opinion page 1304, delete the following text:
[But even so, Mashiri’s asylum application would not show that he was in the U.S. for a non-temporary purpose, as § 1091(a)(5) requires. Ninth Circuit case law states:
The status of asylum applicants and its duration can hardly be described as fixed, or permanent.... [T]hey are best described as inchoate........ A residence is temporary when the alien’s continued presence is solely dependent upon the possibility of having his application for asylum acted…
Also in this document: Per curiam.
2Cases cited22 opinions
- Arbaugh v. Y & H Corp.Supreme Court of the United States · 2006
- Larson v. Domestic and Foreign Commerce Corp.Supreme Court of the United States · 1949
- Heckler v. RingerSupreme Court of the United States · 1984
- Padgett v. WrightCourt of Appeals for the Ninth Circuit · 2009
- Dugan v. RankSupreme Court of the United States · 1963
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3Cited by36 opinions
- Dan Clark v. City of SeattleCourt of Appeals for the Ninth Circuit · 2018
- E. v. v. Eugene Robinson, Jr.Court of Appeals for the Ninth Circuit · 2018
- Adams v. Committee on Judicial Conduct & DisabilityDistrict Court, N.D. California · 2016
- State ex rel. Brnovich v. Maricopa County Community College District BoardCourt of Appeals of Arizona · 2017
- Chicken Ranch Rancheria v. State of CaliforniaCourt of Appeals for the Ninth Circuit · 2023
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