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PATEL v. ASHCROFT

Docket Nos. 02-4143, 04-1256.

375 F.3d 693 (2004)

Dimpal V. PATEL, Petitioner, v. John ASHCROFT, Attorney General of the United States, Respondent.

United States Court of Appeals, Eighth Circuit.

Filed: July 13, 2004.

Attorney(s) appearing for the Case

Timothy E. Wichmer, argued, St. Louis, MO, for appellant.

Greg D. Mack, argued, Washington, DC, for appellee.

Before BYE, HEANEY, and SMITH, Circuit Judges.

BYE, Circuit Judge.

Dimpal V. Patel, a citizen of India, petitions for review of the Board of Immigration Appeals' (BIA's) order dismissing her asylum application and denying her motion to remand her case to consider her application for an adjustment of status. Ms. Patel sought the adjustment pursuant to the approved visa petition filed by her husband, whom she married while removal proceedings were pending. We grant the petition for review, vacate the BIA's order...

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