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LUTAAYA v. MUKASEY

No. 07-2328.

535 F.3d 63 (2008)

Grace M. LUTAAYA, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent.

United States Court of Appeals, First Circuit.

Decided July 28, 2008.

Attorney(s) appearing for the Case

William P. Joyce and Joyce & Associates P.C. on brief for petitioner.

Hillel R. Smith, Attorney, Office of Immigration Litigation, Jeffrey S. Bucholtz, Acting Assistant Attorney General, Civil Division, and Terri J. Scadron, Assistant Director, U.S. Department of Justice, on brief for respondent.

Before LYNCH, Chief Judge, TORRUELLA and BOUDIN, Circuit Judges.

LYNCH, Chief Judge.

On July 11, 2007, the Board of Immigration Appeals ("BIA") denied relief from removal to Grace Lutaaya, a Ugandan citizen. It affirmed an Immigration Judge's ("IJ") decision that (1) Lutaaya's asylum application was untimely filed and the delay was not excused, see 8 U.S.C. § 1158(a)(2)(B), (a)(2)(D); and (2) she had not met her burden for withholding of removal and protection under the Convention Against Torture ("CAT") because she...

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