LI v. ASHCROFT

No. 00-70157.

312 F.3d 1094 (2002)

Xu Ming LI; Xin Kui Yu, Petitioners, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed December 5, 2002.


Attorney(s) appearing for the Case

Michael P. Karr, Sacramento, CA, for the petitioners.

Greg D. Mack and Russell J.E. Verby, Washington, D.C., for the respondent.

Before: WALLACE, KOZINSKI and PAEZ, Circuit Judges.


Opinion by Judge WALLACE; Partial Concurrence and Partial Dissent by Judge PAEZ.

WALLACE, Senior Circuit Judge.

Xu Ming Li and Xin Kui Yu petition for review of the Board of Immigration Appeals' (Board) decision to deny their applications for asylum and withholding of removal under both 8 U.S.C. § 1231(b)(3)(A) and Article 3 of the United Nations' Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Convention), opened...

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