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SALKELD v. GONZALES

No. 04-1709.

420 F.3d 804 (2005)

Jose SALKELD, Petitioner, v. Alberto GONZALES, Attorney General of the United States, Respondent.

United States Court of Appeals, Eighth Circuit.

Filed: August 25, 2005.

Attorney(s) appearing for the Case

Timothy E. Wichmer, argued, St. Louis, Missouri, for petitioner.

Jennifer Paisner, Department of Justice, argued, Washington, D.C. (Peter D. Keisler, David V. Bernal, and Regina Byrd, on the brief), for respondent.

Before MURPHY, BYE, and SMITH, Circuit Judges.

BYE, Circuit Judge.

The agency formerly known as the Immigration and Naturalization Service (INS) placed Jose Salkeld, a thirty-six year-old citizen of the Republic of Peru, in removal proceedings for violating the terms of his non-immigration status. Salkeld admitted removability, but sought asylum, withholding of removal, and protection under the United Nations Convention Against Torture (CAT). He claimed, if returned to Peru, his homosexuality would subject him...

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