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SHAYA v. HOLDER

No. 08-4619.

586 F.3d 401 (2009)

Elisha SHAYA, Petitioner-Appellant, v. Eric H. HOLDER, Jr., Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 9, 2009.

Attorney(s) appearing for the Case

ARGUED: John W. Blakeley, United States Department of Justice, Washington, D.C., for Respondent. ON BRIEF: Mark Jacob Thomas, Mark Jacob Thomas & Associates, Chicago, Illinois, for Petitioner. John W. Blakeley, United States Department of Justice, Washington, D.C., for Respondent.

MARTIN, J., delivered the opinion of the court, in which COLE, J., joined. KETHLEDGE, J. (pp. 408-09), delivered a separate dissenting opinion.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Elisha Shaya seeks review of a Board of Immigration Appeals decision affirming an immigration judge's denial of his applications for asylum, withholding of removal, and deferral of removal under the Convention Against Torture. Shaya was charged as removable as an "aggravated felon" due to his conviction for "assault with intent to do great bodily harm less than the crime of murder" under Michigan law for which...

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