Algerian national's petition for review of a decision by the BIA denying his application for withholding of removal under the Immigration and Nationality Act (INA) and the Convention Against Torture (CAT) is granted in part and denied in part where: 1) the petition as to withholding of removal under the INA is granted and remanded as, assuming petitioner's testimony to be credible, the evidence compels a finding that police abused him based on an imputed political opinion; and 2) the petition with respect to withholding of removal under the CAT is denied as neither the actions of the Algerian police nor those of the GIA (Armed Islamic Group) amounted to torture.
Argued: October 15, 2009
Decided and Filed: February 10, 2010
Opinion by Circuit Judge Moore
For Appellee: Nehal H. Kamani, US Department of Justice