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NADARAJAH v. GONZALES

No. 05-56759.

443 F.3d 1069 (2006)

Ahilan NADARAJAH, Petitioner-Appellant, v. Alberto R. GONZALES, Attorney General; Tom Ridge; Michael J. Garcia; Ron Smith; Hector Najera; Barbara Wagner, Warden, in their official capacities, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 17, 2006.

Attorney(s) appearing for the Case

Ranjana Natrarajan, Ahilan T. Arulanatham, Mark D. Rosenbaum; ACLU Foundation of Southern California; Los Angeles, CA; and Jordan C. Budd, ACLU Foundation of San Diego and Imperial Counties; San Diego, CA; attorneys for appellant.

Christopher C. Fuller, Michael P. Lindemann, and Peter D. Keisler; United States Department of Justice; Washington, D.C.; attorneys for appellee.

Molly K. Beutz and James J. Silk; Allard K. Lowenstein International Human Rights Clinic; Yale Law School; New Haven, CT; attorneys for amicus curiae.

Before SIDNEY R. THOMAS and RICHARD C. TALLMAN, Circuit Judges, and JAMES M. FITZGERALD, District Judge.

Opinion by Judge THOMAS.

THOMAS, Circuit Judge.

Starting at age 17, Ahilan Nadarajah was repeatedly tortured in Sri Lanka. He fled to the United States where he was detained upon arrival. He applied for asylum, withholding of removal, and protection under the Convention Against Torture. Twice, the government's arguments against the grant of immigration relief have been rejected and Nadarajah has been awarded relief by an immigration judge. This decision was...

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