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BALOGUN v. ASHCROFT

No. 00-60698.

270 F.3d 274 (2001)

Olugbemiga BALOGUN, Petitioner, v. John D. ASHCROFT, U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

October 31, 2001.

Attorney(s) appearing for the Case

Chester Joseph Makowski (argued), Royston, Rayzor, Vickery, Novak & Druce, San Antonio, TX, Robert H. Etnyre, Jr., Ruth A. Silvers, Royston, Rayzor, Vickery & Williams, Houston, TX, for Petitioner.

Kurt Barrett Larson (argued), David V. Bernal, Thomas Ward Hussey, Director, Brenda Elaine Ellison, Mary Jane Candaux, U.S. Dept. of Justice, Civil Div. Immigration Litigation, John Ashcroft, Office of U.S. Atty. Gen., Civ. Div., Appellate Staff, Washington, DC, Christine G. Davis, I.N.S., Dist. Directors Office, Attn: Joe A. Aguilar, New Orleans, LA, Richard Cravener, Dist. Director, Immigration & Naturalization, Houston, TX, for Respondent.

Before GARWOOD and WIENER, Circuit Judges, and FALLON, District Judge.

WIENER, Circuit Judge:

Petitioner Olegbemiga Balogun, a Nigerian citizen, applied for protection under Article 3 of the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the "CAT"). The Board of Immigration Appeals (the "Board") affirmed the Immigration Judge's (the "IJ") dismissal of Balogun's application, and it is that affirmance by the Board that Balogun now appeals. We conclude that we lack jurisdiction ...

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