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VALDIVIEZO-GALDAMEZ v. ATTORNEY GENERAL OF U.S.

No. 08-4564.

663 F.3d 582 (2011)

Mauricio VALDIVIEZO-GALDAMEZ, Petitioner v. ATTORNEY GENERAL OF the UNITED STATES, Respondent.

United States Court of Appeals, Third Circuit.

Opinion filed: November 8, 2011.

Attorney(s) appearing for the Case

Martin Duffey, Esq. (Argued), Cozen O'Connor, Philadelphia, PA, Ayodele Gansallo, Esq., HIAS & Council Migration Services of Philadelphia, Philadelphia, PA, for Petitioner.

H. Elizabeth Dallam, Esq. , Senior Protection Officer, United Nations High Commissioner for Refugees, Washington, D.C., As Amicus Curiae for the United Nations High Commissioner for Refugees, in support of Petitioner.

Tony West, Esq. , Assistant Attorney General, Civil Division, Linda S. Wernery, Esq. , Assistant Director, Margaret Perry, Esq. , Senior Litigation Counsel, Theodore C. Hirt, Esq. (Argued), Attorney, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, D.C., for Respondent.

Before: McKEE, Chief Judge, HARDIMAN, Circuit Judge, and DAVIS, District Judge.

OPINION

McKEE, Chief Judge.

Mauricio Valdiviezo-Galdamez petitions for review of a decision of the Board of Immigration Appeals dismissing his appeal from an Immigration Judge's order denying his applications for asylum, withholding of removal and relief under Article III of the Convention Against Torture. For the reasons that follow, we will grant the petition for review on the asylum and withholding of removal applications and remand for further proceedings...

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