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Caal-Tiul v. Holder

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Before Boudin, Selya, and Howard, Circuit Judges.

Noemi Caal-Tiul petitions this court for review of the decision of the Board of Immigration Appeals (“BIA”) reversing the Immigration Judge’s (“IJ”) decision granting asylum to her. The IJ’s ground was that she had established a well-founded fear of future persecution based upon her membership in a particular social group (indigenous women). Caal-Tiul argues that the BIA erroneously applied a de novo standard of review and that the IJ’s determination must be upheld under the “clearly erroneous” standard of review.

The background events are as follows. In March 2006, petitioner was charged with being “an alien present in the United States who has not been admitted or paroled.” She admitted to being a citizen and native of Guatemala and having entered the United States in December 2005, without a valid immigrant visa or other approval. She submitted an asylum application and testified at a hearing before the IJ on May 11, 2007.

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