DANIEL LEE SIEBERT, PLAINTIFF-APPELLANT,
v.
RICHARD ALLEN, COMMISSIONER, ALABAMA DEPARTMENT OF CORRECTIONS, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY, GRANTT CULLIVER, WARDEN, HOLMAN CORRECTIONAL FACILITY, IN HIS INDIVIDUAL AND OFFICIAL CAPACITY, DEFENDANTS-APPELLEES
DANIEL LEE SIEBERT, PLAINTIFF-APPELLANT,
RICHARD ALLEN, COMMISSIONER, ALABAMA DEPARTMENT OF CORRECTIONS, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY, GRANTT CULLIVER, WARDEN, HOLMAN CORRECTIONAL FACILITY, IN HIS INDIVIDUAL AND OFFICIAL CAPACITY, DEFENDANTS-APPELLEES
504 F.3d 1341
Court of Appeals for the Eleventh Circuit (2007)
Caution
Cited by 16 cases
Opinion of the Court
BY THE COURT: A member of this court in active service having requested a poll on the Petition for Rehearing En Banc filed by the Defendants-Appellees on 25 October 2007, and a majority of the judges of this court in active service (available and not recused) having voted in favor of granting a rehearing en banc, IT IS ORDERED that the above cause shall be reheard by this court en banc. The opinion and stay entered by the panel on 24 October 2007 is hereby VACATED. The en banc Court sua sponte hereby STAYS the execution of the Plaintiff-Appellant pending further en banc consideration of this case.
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Leonel Euro Ayala v. U.S. Attorney General, 605 F.3d 941 (11th Cir. 2010)…that an applicant for asylum who alleges that he was persecuted by an official of the government must report the persecution to the authorities to establish eligibility for asylum. The government cites our decision in Lopez v. U.S. Attorney General, 504 F. 3d 1341 (11th Cir.2007), to support its argument that Ayala had to prove that the Venezuelan government was unable or unwilling to protect him from the police officers who had physically and sexually assaulted him, but the government misreads Lopez. Lopez s…
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Biuma Claudine Malu v. U.S. Attorney General, 764 F.3d 1282 (11th Cir. 2014)…1th Cir.2005) (internal quotation marks omitted). An alien must establish that the government would be her persecutor or that the government would be unwilling or unable to protect her from persecution by a private actor. Lopez v. U.S. Att’y Gen., 504 F. 3d 1341, 1345 (11th Cir.2007). Neither the immigration judge nor the Board selectively reviewed the incidents of harassment or intimidation of homosexuals in the Congo. Instead, the immigration judge acknowledged that Malu submitted evidence about the tre…
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Siebert v. Allen, 506 F.3d 1047 (11th Cir. 2007)
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