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DONCHEV v. MUKASEY

No. 05-74709.

553 F.3d 1206 (2009)

Petar Georgiev DONCHEV; Avgustina Tsvetanova Zhivkova, Petitioners, v. Michael B. MUKASEY, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed January 16, 2009.

Attorney(s) appearing for the Case

Nicholas W. Marchi, Carney & Marchi, P.S., Seattle, WA, for the petitioners.

Andrew S. Biviano (argued) and Frank A. Wilson (briefed), Assistant U.S. Attorneys, Spokane, WA, for the respondent.

Opinion by Judge Kleinfeld; Dissent by Judge BETTY B. FLETCHER.

KLEINFELD, Circuit Judge:

Petar Georgiev Donchev (Donchev) seeks asylum, withholding of removal, and relief under the Convention Against Torture as a member of a particular social group, friends of the Roma.1

FACTS

Donchev entered the United States on March 1, 2003 at age 26 on a false Belgian passport that he bought. He is Bulgarian, not Belgian. His mother lives in Bulgaria, his sister in the United States, where she...

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