Court of Appeals for the Eighth Circuit April 2, 2007, 19-1341 (Daniel Shahinaj v. Alberto R. Gonzales, Attorney General of the United States of America)

RILEY, Circuit Judge.

Daniel Shahinaj (Shahinaj), a native and citizen of Albania, entered the United States illegally and filed an application for asylum and withholding of removal under the Immigration and Nationality Act, 8 U.S.C. §§ 1158 and 1231(b)(3), and for relief under Article III of the Convention Against Torture (CAT).