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SIPAYUNG v. GONZALES

No. 06-2305.

491 F.3d 18 (2007)

Raja SIPAYUNG, Petitioner, v. Alberto GONZALES, Attorney General of the United States, Respondent.

United States Court of Appeals, First Circuit.

Decided June 27, 2007.

Attorney(s) appearing for the Case

H. Raymond Fasano and Madeo & Fasano on brief for petitioner.

Kathryn L. Moore, Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, M. Jocelyn Lopez Wright, Senior Litigation Counsel, and Peter D. Keisler, Assistant Attorney General, Civil Division, on brief for respondent.

Before TORRUELLA and LYNCH, Circuit Judges, and FUSTÉ, District Judge.

LYNCH, Circuit Judge.

Raja Sipayung of Indonesia was admitted to the United States on August 4, 1997 on an F-1 student visa to attend Southern Nevada Community College. He never attended the school, but worked instead. His removal proceedings began with a Notice to Appear dated November 29, 2002. He conceded removability and on June 25, 2003, applied for asylum, withholding of removal, and protection under the Convention Against Torture (CAT).

On March 23...

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