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ABUSHAGIF v. GARLAND

No. 19-60807.

37 F.4th 1090 (2022)

Muntaser B. Abubaker ABUSHAGIF, Petitioner, v. Merrick GARLAND, U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

Filed June 22, 2022.

Attorney(s) appearing for the Case

Alison R. Caditz , Attorney, Perkins Coie, L.L.P., Seattle, WA, Jeri Leigh Miller , Sidley Austin, L.L.P., Dallas, TX, for Petitioner.

Christina Petersen Greer , Trial Attorney, Paul Randolph Perkins , Papu Sandhu , Senior Litigation Counsel, Jane Tracey Schaffner , U.S. Department of Justice, Washington, DC, for Respondent.

Before Smith, Higginson, and Engelhardt, Circuit Judges.

In our previous opinion, Abushagif v. Garland, 15 F.4th 323 (5th Cir. 2021), we decided every issue but one. We agreed with Abushagif that the BIA had

abused its discretion by entirely failing to address his CAT claim. On that point, he is correct. A CAT "claim is separate from .....

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