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ISLAMI v. GONZALES

Docket No. 03-40095.

412 F.3d 391 (2005)

Elrem ISLAMI, Petitioner, v. Alberto GONZALES, United States Attorney General, Bureau of Citizenship and Immigration Services, Respondent.

United States Court of Appeals, Second Circuit.

Decided: June 23, 2005.

Attorney(s) appearing for the Case

Harry A. DeMell, New York City, for petitioner.

Stephen R. Cerutti, II, Assistant U.S. Attorney, for Thomas A. Marino, U.S. Attorney for the Middle District of Pennsylvania, Harrisburg, PA, for respondent.

Before: CALABRESI, KATZMANN, and PARKER, Circuit Judges.

CALABRESI, Circuit Judge.

Elrem Islami ("Islami"), a former resident of Kosovo, and a citizen of Yugoslavia,1 came to the United States on December 17, 1999 and, on May 17, 2000, petitioned for asylum and withholding of removal, under the Immigration and Nationality Act of 1952, as well as for protection under Article 3 of the U.N. Convention Against Torture ("CAT").

I.

In his application, Islami alleged that as a Muslim...

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