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COLE v. HOLDER

No. 09-73625.

659 F.3d 762 (2011)

Hubert George COLE, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed September 22, 2011.

Attorney(s) appearing for the Case

Fatma E. Marouf , Marouf Law Group, Los Angeles, CA, for the petitioner.

Tony West , Assistant Attorney General, Civil Division, Thomas B. Fatouros , Senior Litigation Counsel, and Pegah Vakili and Yedidya Cohen , Trial Attorneys, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, D.C., for the respondent.

Opinion by Judge BERZON; Concurrence by Judge NOONAN; Dissent by Judge CALLAHAN.

OPINION

BERZON, Circuit Judge.

We consider the application of Hubert George Cole (Cole), a citizen and national of Honduras, for deferral of removal under the Convention Against Torture (CAT). The Board of Immigration Appeals (BIA) denied the application, concluding that Cole had not established he would more likely than not be tortured if removed to Honduras. Because the BIA failed to give reasoned consideration to potentially dispositive testimony by Cole...

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