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SAINT FORT v. ASHCROFT

No. 02-2451.

329 F.3d 191 (2003)

Kelly SAINT FORT, Petitioner, Appellant, v. John ASHCROFT, Attorney General, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided May 9, 2003.

Attorney(s) appearing for the Case

Allan M. Tow for appellant.

Christopher C. Fuller, Senior Litigation Counsel, with whom Robert D. McCallum, Jr., Assistant Attorney General, Michael P. Lindemann, Assistant Director, and Janice R. Redfern, Attorney, Office of Immigration Litigation, were on brief for appellee.

Before LYNCH, Circuit Judge, CAMPBELL, Senior Circuit Judge, and HOWARD, Circuit Judge.

LYNCH, Circuit Judge.

Kelly Saint Fort, a Haitian and a legal permanent resident of the United States, committed an aggravated felony and so the Immigration and Naturalization Service initiated removal proceedings to deport him. Saint Fort claimed protection from deportation, "deferral of removal," under the United Nations Convention Against Torture ("CAT"), arguing he would be jailed and tortured if returned to Haiti. An Immigration Judge ("IJ") agreed; the Board...

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