No. 06-12708.

487 F.3d 834 (2007)

Vyacheslav NIFTALIEV, Lyudmila Niftalieva, Dmitro Niftaliev, Petitioners, v. U.S. ATTORNEY GENERAL, Respondent.

United States Court of Appeals, Eleventh Circuit.

May 25, 2007.

Attorney(s) appearing for the Case

David H. Stoller, Stoller & Moreno, PA, Orlando, FL, for Petitioners.

David C. Kelly, David V. Bernal and Russell J.E. Verby, U.S. Dept. of Justice, OIL, Washington, DC, for Respondent.

Before BIRCH, FAY and CUDAHY, Circuit Judges.

FAY, Circuit Judge:

Vyacheslav Niftaliev1 ("petitioner"), a citizen of the Ukraine, appeals the Board of Immigration Appeals's ("BIA") decision affirming the Immigration Judge's ("IJ") order denying his petition for withholding of removal under 8 U.S.C. § 1231(b)(3). The IJ denied the petitioner's request for withholding of removal, finding that the petitioner did not suffer past persecution. The Board of Immigration Appeals upheld...

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