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EDU v. HOLDER

Nos. 06-72609, 07-70590.

624 F.3d 1137 (2010)

Josephine EDU, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent. Josephine Edu, Petitioner, v. Eric H. Holder Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed October 26, 2010.

Attorney(s) appearing for the Case

César R. Ternieden and Elias Z. Shamieh , Law Offices of Shamieh & Ternieden, Charles E. Nichol , Law Offices of Charles E. Nichol, San Francisco, CA, for the petitioner.

Liza Murcia , United States Department of Justice, Civil Division, Washington, D.C., for the respondent.

Before: FERDINAND F. FERNANDEZ and BARRY G. SILVERMAN, Circuit Judges, and KEVIN THOMAS DUFFY, District Judge.

OPINION

FERNANDEZ, Circuit Judge:

Josephine Edu, a native and citizen of Nigeria, petitions for review of the Board of Immigration Appeals' (BIA) denial of her application for deferral of removal under the Convention Against Torture1 (CAT), and from its denial of her motion to reopen. Deferral was denied on the basis that Edu could avoid torture by ceasing to exercise her political rights, and that the mere fact that she had...

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