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MADRIGAL v. HOLDER

No. 10-73700.

716 F.3d 499 (2013)

Victor Hugo Tapia MADRIGAL, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed May 15, 2013.

Attorney(s) appearing for the Case

Theodore J. Angelis and John S. Wilson (argued), K & L Gates, LLP, Seattle, WA, for Petitioner.

Tony West , Assistant Attorney General, Civil Division, Shelley R. Goad , Assistant Director, and Julia J. Tyler (argued), Trial Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for Respondent.

Before: WILLIAM A. FLETCHER and RAYMOND C. FISHER, Circuit Judges, and RAYMOND J. DEARIE, District Judge.

OPINION

FISHER, Circuit Judge:

Victor Hugo Tapia Madrigal, a former member of the Mexican military, petitions for review of a decision of the Board of Immigration Appeals (BIA) denying him asylum, withholding of removal and relief under the Convention Against Torture (CAT). Because the BIA's decision employed incorrect legal standards and rests on factual findings not supported by substantial evidence, we grant...

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