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YUSUPOV v. ATTORNEY GENERAL OF U.S.

Nos. 05-4232, 05-5411, 06-3160.

518 F.3d 185 (2008)

Bekhzod Bakhtiyarovich YUSUPOV, Petitioner v. ATTORNEY GENERAL OF the UNITED STATES, Respondent. Ismoil Samadov, Petitioner v. Attorney General of the United States, Respondent.

United States Court of Appeals, Third Circuit.

Opinion filed: March 14, 2008.

As Amended March 27, 2008.

Attorney(s) appearing for the Case

Lawrence H. Rudnick, Esquire (Argued), Steel, Rudnick & Ruben, Philadelphia, PA, for Petitioner, Bekhzod Bakhtiyarovich Yusupov.

Paul A. Engelmayer, Esquire, Bassina Farbenblum, Esquire (Argued), Wilmer Cutler Pickering Hale & Dorr, New York, NY, for Petitioner, Ismoil Samadov.

Peter D. Keisler, Assistant Attorney General, Civil Division, Michael P. Lindemann, Assistant Director, Jonathan Potter, Esquire (Argued), United States Department of Justice, Office of Immigration Litigation, Washington, DC, for Respondent.

Before: McKEE and AMBRO, Circuit Judges, ACKERMAN, District Judge.

OPINION OF THE COURT

AMBRO, Circuit Judge.

An alien unlawfully in this country may have his removal blocked under certain circumstances. One is withholding of removal under Immigration and Nationality Act (INA) § 241(b)(3)(A), 8 U.S.C. § 1231(b)(3)(A), which prohibits removal if the Attorney General believes that the alien's life or freedom would be threatened in the country of removal.1 Eligibility for

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