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Petition for Review of Removal Order Granted

By FindLaw Staff on July 12, 2010 12:49 PM

Imelda v. US Atty. Gen., No. 09-11920, involved a petition for review of the Board of Immigration Appeals's ("BIA") order affirming the immigration judge's ("IJ") decision denying her application for asylum and withholding of removal under the Immigration and Nationality Act ("INA"), and relief under the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment ("CAT").  The court of appeals granted the petition on the ground that the government did not meet its burden of demonstrating a fundamental change in country conditions such that petitioner's life or freedom would not be threatened upon removal to Indonesia based on her religion.

As the court of appeals wrote:  "Visca Imelda, an ethnic Chinese Christian and native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals's ("BIA") order affirming the immigration judge's ("IJ") decision denying her application for asylum and withholding of removal under the Immigration and Nationality Act ("INA"), and relief under the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment ("CAT"). After review of the parties' briefs and the record, and with the benefit of oral argument, we grant the petition for review, vacate the BIA's decision, and remand."

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