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DELGADO v. MUKASEY

No. 03-74442.

546 F.3d 1017 (2008)

Hernan Ismael DELGADO, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Submitted June 20, 2008.

Filed October 8, 2008.

Attorney(s) appearing for the Case

Niels W. Frenzen, University of Southern California Gould School of Law, Los Angeles, CA, pro bono counsel for the petitioner.

Jennifer Levings, Norah Ascoli Schwarz, United States Department of Justice, Civil Division, Washington, D.C., for the respondent.

Before: WILLIAM C. CANBY, JR., EUGENE E. SILER, JR., and MARSHA S. BERZON, Circuit Judges.

OPINION

CANBY, Circuit Judge:

Hernan Ismael Delgado petitions for review of a decision of the Board of Immigration Appeals ("BIA") ordering him removed to his native El Salvador. The BIA denied Delgado's applications for asylum, withholding of removal, and withholding under the Convention Against Torture ("CAT withholding"), finding that Delgado's three prior offenses of driving under the influence ("DUI"), which were not aggravated felonies, constituted...

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