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MARTINEZ v. NAPOLITANO

No. 10-56023.

704 F.3d 620 (2012)

Saul MARTINEZ, an Individual, Plaintiff-Appellant, v. Janet NAPOLITANO, Secretary of the Department of Homeland Security; Eric H. Holder, Jr., Attorney General of the United States, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 3, 2012.

Attorney(s) appearing for the Case

Kari E. Hong, Law Offices of Kari E. Hong, Oakland, CA, for Appellant.

Sarah S. Wilson, United States Department of Justice, Washington, D.C., for Appellees.

Before: BETTY BINNS FLETCHER, MICHAEL DALY HAWKINS, and MARY H. MURGUIA, Circuit Judges.

OPINION

MURGUIA, Circuit Judge:

Saul Martinez, a citizen of Guatemala, filed an action in the United States District Court for the Central District of California alleging that the Board of Immigration Appeals' ("BIA") decision to deny his application for asylum, withholding of removal, and relief under the Convention Against Torture ("CAT") was arbitrary and capricious and therefore in violation of the Administrative Procedure Act. The district court dismissed...

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