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MARTINEZ v. HOLDER

No. 13-1337.

734 F.3d 105 (2013)

Eliseo Esteban MARTINEZ, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, First Circuit.

November 4, 2013.

Attorney(s) appearing for the Case

Timothy J. Nutter , on brief for petitioner.

Stuart F. Delery , Acting Assistant Attorney General, Civil Division, and Jamie M. Dowd , Senior Litigation Counsel, Office of Immigration Litigation, and Dana M. Camilleri , Trial Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, on brief for respondent.

Before HOWARD, RIPPLE and THOMPSON, Circuit Judges.

RIPPLE, Circuit Judge.

Eliseo Esteban Martinez, a native and citizen of Guatemala, was refused entry into Canada from the United States. He was taken into United States custody, where he admitted to a Border Patrol agent that he was in the United States illegally to make money for his family. Mr. Martinez later sought relief under the Convention Against Torture ("CAT"), claiming that he was likely to be tortured by gang members if he were returned to Guatemala. At...

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