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WANG v. ASHCROFT

No. 03-3057.

368 F.3d 347 (2004)

Nen Ying WANG, Petitioner v. John ASHCROFT, Attorney General of the United States; James Ziglar, Commissioner, U.S. Immigration and Naturalization Service, Respondents.

United States Court of Appeals, Third Circuit.

Filed May 19, 2004.

Attorney(s) appearing for the Case

Joseph C. Hohenstein, Philadelphia, PA, for Petitioner.

Peter D. Keisler, Assistant Attorney General, Civil Division, David V. Bernal, Assistant Director, Office of Immigration Litigation, M. Jocelyn Lopez Wright, Senior Litigation Counsel, Office of Immigration Litigation, U.S. Department of Justice, Washington, DC, for Respondent.

Before SLOVITER, FUENTES and BECKER, Circuit Judges.

Submitted Under Third Circuit LAR 34.1(a) May 3, 2004.

SLOVITER, Circuit Judge.

Petitioner Nen Ying Wang, a citizen of China, seeks review of the order of the Board of Immigration (BIA) vacating the decision of the Immigration Judge (IJ) that had granted Wang's application for withholding of removal under the Convention Against Torture (CAT) and section 2242 of the Foreign Affairs Reform and Restructuring Act of 1998, Pub.L. No. 105-277, 112 Stat. 2681, 2681...

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