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PITCHERSKAIA v. I.N.S.

No. 95-70887.

118 F.3d 641 (1997)

Alla Konstantinova PITCHERSKAIA, Petitioner, The International Human Rights Law Group, Intervenor, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided June 24, 1997.

Attorney(s) appearing for the Case

Ignatius Bau, San Francisco, CA, and Suzanne Goldberg, Lambda Legal Defense and Education Fund, New York City, for Petitioner.

Stephen W. Funk, Office of Immigration Litigation, United States Department of Justice, Washington, DC, for Respondent.

Before: FLETCHER, WIGGINS, and T.G. NELSON, Circuit Judges.

FLETCHER, Circuit Judge:

Alla K. Pitcherskaia petitions for review of the Board of Immigration Appeals' decision denying her application for asylum and withholding of deportation. We must decide whether Section 101(a)(42)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(42)(A), requires an alien to prove that her persecutor harbored a subjective intent to harm or punish. We conclude that it does not. We have jurisdiction over this timely petition...

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