SHAH v. ATTORNEY GENERAL OF U.S.

Nos. 04-3607, 05-1122.

446 F.3d 429 (2006)

Seemab Fatima SHAH; Khurram Aijaz, Petitioners v. ATTORNEY GENERAL OF THE UNITED STATES, Respondent.

United States Court of Appeals, Third Circuit.

April 28, 2006.


Attorney(s) appearing for the Case

David E. Piver, (Argued), W. John Vandenberg, Law Office of David E. Piver, Wayne, PA, for Petitioners.

Jonathan Cohn, (Argued), United States Department of Justice Civil Division, Washington, D.C. and John J. Andre, (Argued), Donald E. Kenner, Christopher C. Fuller, Thankful T. Vanderstar, United States Department of Justice, Office of Immigration Litigation, Ben Franklin Station, Washington, D.C. and Christine A. Sanner, Office of United States Attorney, Erie, PA, for Respondent.

Before BARRY and AMBRO, Circuit Judges, and DEBEVOISE, District Judge.


OPINION OF THE COURT

BARRY, Circuit Judge.

I. Introduction

Petitioner's father was killed in cold blood, and the government concedes that he is dead. That murder — and what preceded and followed it — is the event on which her application for asylum, withholding of removal, and relief under the Convention Against Torture ("CAT") was almost exclusively based. In his apparent zeal to deny relief to petitioner, however, the Immigration...

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