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SINGH v. GONZALES

No. 03-74390.

491 F.3d 1019 (2007)

Balwinder SINGH, Petitioner, v. Alberto GONZALES, United States Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed June 12, 2007.

Attorney(s) appearing for the Case

Inna Lipkin, Law Office of Kuldip S. Dhariwal, Fremont, CA, for the petitioner.

Allen W. Hausman, & Blair T. O'Connor, United States Department of Justice, Washington, DC, for the respondent.

Before: W. FLETCHER and JOHNNIE B. RAWLINSON, Circuit Judges, and THELTON E. HENDERSON, District Judge.

Opinion by Judge HENDERSON; Dissent by Judge RAWLINSON.

THELTON E. HENDERSON, District Judge:

Balwinder Singh, a Sikh citizen of India, petitions for review of a final order of deportation issued by the Board of Immigration Appeals ("BIA"), denying his applications for asylum and withholding of removal under the Immigration and Nationality Act sections 208 and 241(b)(3), 8 U.S.C. §§ 1158, 1231(b)(3). The immigration judge ("IJ") failed either to...

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