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LEMUS-GALVAN v. MUKASEY

No. 04-72651.

518 F.3d 1081 (2008)

Gustavo LEMUS-GALVAN, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed March 11, 2008.

Attorney(s) appearing for the Case

David B. Landry, San Diego, CA, for petitioner.

Peter D. Keisler, Assistant Attorney General, Civil Division, Department of Justice, Washington, D.C.; Linda S. Wendtland, Assistant Director, Donald A. Couvillon, Office of Immigration Litigation, Department of Justice, Washington, D.C., for respondent.

Before: ALEX KOZINSKI, Chief Judge, A. WALLACE TASHIMA and M. MARGARET McKEOWN, Circuit Judges.

McKEOWN, Circuit Judge:

Gustavo Lemus-Galvan seeks review of the Board of Immigration Appeals' ("BIA") summary affirmance of the Immigration Judge's ("IJ") denial of deferral of removal under the Convention Against Torture ("CAT").1 Notwithstanding that Lemus-Galvan was ordered removed on the basis of an aggravated felony, we have jurisdiction over his deferral of removal claim under the CAT. See Morales v. Gonzales,

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