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SENATHIRAJAH v. I.N.S.

No. 97-3607.

157 F.3d 210 (1998)

Chenthilkumaran SENATHIRAJAH, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Third Circuit.

Decided October 9, 1998.

Attorney(s) appearing for the Case

Chin W. Fong (Argued), New York, New York, Attorney for Petitioner.

Joan E. Smiley, Karen F. Torstenson (Argued), Civil Division, Department of Justice, Michael P. Lindemann, Vernon B. Miles, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for Respondent.

Before: ROTH and McKEE, Circuit Judges and O'NEILL, Senior District Judge.

OPINION OF THE COURT

McKEE, Circuit Judge.

Chenthilkumaran Senathirajah appeals the decision of the Board of Immigration Appeals ("BIA" or the "Board") denying his petition for review of an immigration judge's ruling denying his application for asylum and withholding of deportation under 8 U.S.C. §§ 1101(a)(42)(A), 1158(a) and 1253(h). For the reasons that follow we will grant the petition and remand for further proceedings consistent with this...

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