CHEEMA v. ASHCROFT

No. 02-71311.

372 F.3d 1147 (2004)

Harpal Singh CHEEMA; Rajwinder Kaur, Petitioners, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed June 24, 2004.

As Clarified August 6, 2004.


Attorney(s) appearing for the Case

Robert B. Jobe, San Francisco, CA, for the petitioners.

Ethan B. Kanter, Department of Justice, Office of Immigration and Litigation, Washington, DC, for the respondent.

Ravinder S. Bhalla, Krovatin & Associates, LLC; Newark, NJ, for amicus curiae the Sikh Coalition.

Before NOONAN, McKEOWN, and RAWLINSON, Circuit Judges.


Opinion by Judge NOONAN; Dissent by Judge RAWLINSON.

NOONAN, Circuit Judge:

Harpal Singh Cheema (Cheema) and his wife Rajwinder Kaur (Kaur) petition for review of an order of the Board of Immigration Appeals (the Board) denying them asylum and the withholding of deportation and holding them eligible for relief under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) but granting them only deferral of removal...

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