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SOEUNG v. HOLDER

No. 10-1545.

677 F.3d 484 (2012)

Minea SOEUNG, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, First Circuit.

Heard September 12, 2011.

Attorney(s) appearing for the Case

David L. Yavner for petitioner.

Jesse Matthew Bless , Trial Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, with whom Tony West , Assistant Attorney General, Anthony C. Payne , Senior Litigation Counsel, and Jennifer Paisner Williams , Senior Litigation Counsel, were on brief, for respondent.

Before TORRUELLA, LIPEZ, and HOWARD, Circuit Judges.

LIPEZ, Circuit Judge.

Minea Soeung, a native and citizen of Cambodia, entered the United States on a non-immigrant visitor visa, overstayed, and timely applied for asylum, withholding of removal, and protection under the Convention Against Torture ("CAT"). An immigration judge ("IJ") denied Soeung's application for relief. After the Board of Immigration Appeals ("BIA") dismissed Soeung's appeal, he petitioned for review of the BIA's order. We grant the petition, vacate...

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