OWINO v. HOLDER

No. 06-74297.

575 F.3d 956 (2009)

Sylvester OWINO, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed August 4, 2009.


Attorney(s) appearing for the Case

Sylvester Owino (pro se), James Fife (argued), Federal Public Defenders of San Diego, Inc., San Diego, CA, for petitioner-appellant.

Peter D. Keisler, Assistant Attorney General, Civil Division; Richard Evans, Assistant Director; Andrew J. Oliveira (argued), Office of Immigration Litigation, Washington, D.C., for respondent-appellee.

Before: B. FLETCHER, RAYMOND C. FISHER and RONALD M. GOULD, Circuit Judges.


PER CURIAM:

Sylvester Owino petitions for review of the Board of Immigration Appeal's ("BIA") final order of removal, which found him credible but denied his requests for asylum, withholding of removal and deferral of removal under the Convention Against Torture ("CAT"). He appeals only the BIA's denial of deferral of removal under CAT. We have jurisdiction under 8 U.S.C. § 1252(a)(1). We grant Owino's petition and remand to the IJ on an open record.

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