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CHAVARRIA v. GONZALEZ

No. 04-1223.

446 F.3d 508 (2006)

Celso CHAVARRIA, Petitioner v. Alberto GONZALEZ, Attorney General of the United States, Respondent.

United States Court of Appeals, Third Circuit.

Filed May 3, 2006.

Attorney(s) appearing for the Case

Thomas E. Moseley, (Argued), Newark, NJ, for Petitioner.

Arthur L. Rabin, (Argued), Linda S. Wernery, Lyle D. Jentzer, Julia K. Wilcox, William C. Peachey, United States Department of Justice, Office of Immigration Litigation, Ben Franklin Station, Washington, DC, for Respondent.

Before NYGAARD, SMITH, and FISHER, Circuit Judges.

OPINION OF THE COURT

NYGAARD, Circuit Judge.

Petitioner Celso Chavarria, a native of Guatemala, petitions this court for review of the Board of Immigration and Appeal's ("BIA") denial of his application for asylum and withholding of removal. We find that the BIA applied the correct standard of review under 8 C.F.R. § 1003.1(d)(3)(i). However, because the BIA mischaracterized the nature and degree of the threats Chavarria faced and understated the effect...

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