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YANG v. GONZALES

No. 03-3997.

427 F.3d 1117 (2005)

Tu Kai YANG, Xue Lin Wu, Petitioners, v. Alberto GONZALES, Attorney General of the United States, Respondent.

United States Court of Appeals, Eighth Circuit.

Filed: November 4, 2005.

Attorney(s) appearing for the Case

Bruno Joseph Bembi, argued, Hempstead, NY, for petitioner.

Anthony P. Nicastro, argued, U.S. DOJ, Washington, DC (Peter D. Keisler, Emily Anne Radford, and Keith Bernstein, on the brief), respondent.

Before BYE, HEANEY, and COLLOTON, Circuit Judges.

HEANEY, Circuit Judge.

Tu Kai Yang (Yang) and his wife, Xue Lin Wu (Wu), citizens of China, appeal the Board of Immigration Appeals's (BIA) November 20, 2003 decision, affirming and adopting the Immigration Judge's (IJ) October 12, 2001 decision. The IJ denied petitioners' application for asylum, withholding of deportation and removal, and request for relief under the Convention Against Torture (CAT). Yang and Wu respectively concede removability/deportability, but...

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