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MOSTAFA v. ASHCROFT

Nos. 03-4004, 03-4006.

395 F.3d 622 (2005)

Hoda MOSTAFA (03-4004); Abdolmajid Alsaf (03-4006); Petitioners, v. John ASHCROFT, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 24, 2005.

Attorney(s) appearing for the Case

ARGUED: E. Dennis Muchnicki, Dublin, Ohio, for Petitioners. Alison R. Drucker, United States Department of Justice, Washington, D.C., for Respondent. ON BRIEF: E. Dennis Muchnicki, Dublin, Ohio, for Petitioners. Alison R. Drucker, United States Department of Justice, Washington, D.C., Donald Keener, Office of Immigration Litigation, Washington, D.C., for Respondent.

Before: MARTIN and MOORE, Circuit Judges; BUNNING, District Judge.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Abdolmajid Alsaf and his wife, Hoda Mostafa, who are natives and citizens of Iran, petition for review of an order of the Board of Immigration Appeals denying their claim for relief under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. For the following reasons, we GRANT the petition for review, VACATE the Board's decision and REMAND for further proceedings consistent...

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