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JIAN TAO LIN v. HOLDER

No. 09-1269.

611 F.3d 228 (2010)

JIAN TAO LIN, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: July 12, 2010.

Attorney(s) appearing for the Case

ARGUED: Joshua E. Bardavid, Law Office of Joshua Bardavid, New York, New York, for Petitioner. Todd J. Cochran, United States Department of Justice, Washington, D.C., for Respondent. ON BRIEF: Tony West, Assistant Attorney General, Civil Division, John S. Hogan, Senior Litigation Counsel, United States Department of Justice, Washington, D.C., for Respondent.

Petition for review granted; vacated and remanded by published opinion. Judge KING wrote the opinion, in which Judge MOTZ and Judge DUNCAN joined.

OPINION

KING, Circuit Judge:

Jian Tao Lin petitions for review of the February 2009 final order of the Board of Immigration Appeals (the "BIA") affirming the denial of his application for asylum, withholding of removal, and protection under the United Nations Convention Against Torture (the "BIA Decision"). Lin's primary contention is that an adverse credibility determination, made against him by an Immigration Judge (the "IJ") and ratified by the BIA, was...

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