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BOER-SEDANO v. GONZALES

No. 03-73154.

418 F.3d 1082 (2005)

Jose Patricio BOER-SEDANO, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Submitted June 21, 2005.

Filed August 12, 2005.

Attorney(s) appearing for the Case

Angela M. Bean, Angela M. Bean & Associates, Oakland, CA, for the petitioner.

Peter D. Keisler, Margaret J. Perry, and Mary Jane Candaux, United States Department of Justice, Civil Division, Office of Immigration Litigation, Washington, D.C., for the respondent.

Before D.W. NELSON, W. FLETCHER, and FISHER, Circuit Judges.

D.W. NELSON, Circuit Judge.

Jose Patricio Boer-Sedano, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' (BIA's) summary affirmance of the Immigration Judge's (IJ's) denial of his requests for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). We grant his petition for review in part, reverse the BIA's decision on his asylum claim and remand for the Attorney General to exercise his discretion...

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