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MALONGA v. MUKASEY

No. 07-3443.

546 F.3d 546 (2008)

Noel MALONGA, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent.

United States Court of Appeals, Eighth Circuit.

Filed: November 3, 2008.

Attorney(s) appearing for the Case

Timothy E. Wichmer, argued, Rachel Groneck, on the brief, St. Louis, MO, for petitioner.

Thomas Henderson Dupree, argued, Andrew Oliveira, on the brief, U.S. Dept. of Justice, Washington, D.C., for respondent.

Before RILEY, BRIGHT, and MELLOY, Circuit Judges.

BRIGHT, Circuit Judge.

Noel Malonga petitions for review of the decision of the Board of Immigration Appeals ("BIA") denying his claims for asylum, withholding of removal, and relief under the Convention Against Torture ("CAT"). Having jurisdiction under 8 U.S.C. § 1252(a), we deny Malonga's petition as it relates to his asylum and CAT claims, but grant the petition on his withholding of removal claim. We vacate the BIA's decision refusing to withhold removal...

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