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TURKSON v. HOLDER

No. 10-1984.

667 F.3d 523 (2012)

James Amoah TURKSON, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: January 26, 2012.

Attorney(s) appearing for the Case

ARGUED: Timothy William Loose , Gibson, Dunn & Crutcher, LLP, Los Angeles, California, for Petitioner. Charles S. Greene, III , United States Department of Justice, Washington, D.C., for Respondent. ON BRIEF: Marshall R. King , Gibson, Dunn & Crutcher, LLP, New York, New York, for Petitioner. Tony West , Assistant Attorney General, Civil Division, Ethan B. Kanter , Senior Litigation Counsel, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent.

Petition for review granted; vacated and remanded by published opinion. Judge GIBNEY wrote the opinion, in which Judge AGEE and Judge DIAZ joined.

OPINION

GIBNEY, District Judge:

This immigration case presents an issue regarding the standard of review to be applied by an administrative appellate panel. Facing deportation, petitioner James Amoah Turkson ("Turkson") asked an immigration judge ("IJ") to defer his removal because Turkson believed he would be tortured if returned to his native Ghana. The IJ ruled that Turkson would likely face torture in Ghana, and therefore deferred Turkson's removal....

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