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SERAFIMOVICH v. ASHCROFT

Docket No. 03-40412.

456 F.3d 81 (2006)

Tatyana SERAFIMOVICH, Petitioner-Appellant, v. John ASHCROFT, Attorney General, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: July 17, 2006.

Attorney(s) appearing for the Case

Irina Kogan, Law Office of Irina Kogan, Esq., Brooklyn, NY, for Petitioner-Appellant.

Aixa Maldonado-Quinones (Thomas P. Colantuono, on the brief), United States Attorney's Office for the District of New Hampshire, Concord, NH, for Respondent-Appellee.

Before JACOBS and B.D. PARKER, Circuit Judges; OBERDORFER, District Judge.

LOUIS F. OBERDORFER, District Judge.

Tatyana Serafimovich applied to the United States Immigration and Naturalization Service for withholding of her deportation to Belarus. The controlling statute requires a petitioner to establish by a clear probability that her "life or freedom would be threatened [upon deportation] . . . because of [her] . . . political opinion." 8 U.S.C. § 1231(b)(3)(A). An immigration judge denied Serafimovich's application, and the Board...

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