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RIDORE v. HOLDER

No. 08-71379.

696 F.3d 907 (2012)

Jean Baptiste RIDORE, AKA John Ridore, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed October 3, 2012.

Attorney(s) appearing for the Case

Kari Elisabeth Hong (argued), Law Office of Kari E. Hong, Oakland, CA, for the petitioner.

Kiley L. Kane (argued), Trial Attorney, United States Department of Justice; OIL, United States Department of Justice; Mary Jane Candaux , Assistant Director, United States Department of Justice; John Hogan , Senior Litigation Counsel, United States Department of Justice, Washington, D.C.; Chief Counsel ICE , Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for the respondent.

Before: RAYMOND C. FISHER and JOHNNIE B. RAWLINSON, Circuit Judges, and GEORGE H. WU, District Judge.

OPINION

FISHER, Circuit Judge:

Jean Baptiste Ridore petitions for review of a decision of the Board of Immigration Appeals (BIA) ordering him removed to his native Haiti. The BIA vacated the decision of the immigration judge (IJ) granting Ridore protection under the Convention Against Torture (CAT) and cancellation of removal. Ridore argues that the BIA acted beyond the scope of its authority under 8 C.F.R. § 1003.1(d)(3) by reviewing the IJ's findings...

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