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Order Requiring Disclosure of Anonymous Online Speakers Affirmed, and Immigration Matter

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By FindLaw Staff on July 12, 2010 11:53 AM

In re: Anonymous Online Speakers, No. 09-71265, involved an action claiming that defendant orchestrated an Internet smear campaign via anonymous postings and videos disparaging plaintiff and its business practices.  The court of appeals denied defendant's petition for a writ of mandamus directing the district court to vacate its order requiring the disclosure of the identity of the three speakers at issue, holding that the district court weighed appropriate considerations and, given the decision to disclose the speakers' identities even under the strictest test outlines in Cahill, there was no clear error.

Perdomo v. Holder, No. 06-71652, concerned a petition for review of the Board of Immigration Appeals' ("BIA") affirmance of the immigration judge's ("IJ") order denying asylum, withholding of removal, and relief under the United Nations Convention Against Torture ("CAT").  The Ninth Circuit granted the petition, holding that the BIA failed to apply both prongs of the Hernandez-Montiel definition to petitioner's claim that women in Guatemala constituted a particular social group, and because the BIA's decision was inconsistent with its own opinions in Matter of Acosta, 19 I. & N. Dec. at 233-34, and In re C-A-, 23 I. & N. Dec. at 955.

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