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SUKWANPUTRA v. GONZALES

No. 04-3336.

434 F.3d 627 (2006)

Ellyana SUKWANPUTRA; Yulius Sukwanputra, Petitioners v. Alberto GONZALES, Attorney General United States of America Respondent.

United States Court of Appeals, Third Circuit.

Filed January 19, 2006.

Attorney(s) appearing for the Case

Joseph C. Hohenstein, (Argued), Orlow and Orlow, P.C., Philadelphia, PA, for Petitioners.

Jonathan Potter, (Argued), United States Department of Justice, Office of Immigration Litigation, Civil Division, Ben Franklin Station, Washington, DC, Stephen A. Sherman, United States Department of Justice, Tax Division, Ben Franklin Station, Washington, DC, for Respondent.

Before SCIRICA, Chief Judge, VAN ANTWERPEN and COWEN, Circuit Judges.

COWEN, Circuit Judge.

Ellyana and Yulius Sukwanputra petition for review of an order of the Board of Immigration Appeals ("BIA") which adopted and affirmed an Immigration Judge's ("IJ") decision denying the application for asylum and withholding of removal pursuant to the Immigration and Nationality Act ("INA"), and protection under the Convention Against Torture ("CAT"). For the reasons stated below, we will grant the petition, vacate the order of the BIA, and remand...

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