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FEDUNYAK v. GONZALES

No. 04-71914.

477 F.3d 1126 (2007)

Volodymir FEDUNYAK, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed March 2, 2007.

Attorney(s) appearing for the Case

Tatyana A. Edwards, San Diego, CA, for the petitioner.

Peter D. Keisler, Assistant Attorney General, Terri J. Scadron, Assistant Director, Genevieve Holm, Attorney, and Surell Brady (argued), Attorney, Civil Division, United States Department of Justice, Washington, D.C., for the respondent.

Before JOHN R. GIBSON, RAYMOND C. FISHER, and CONSUELO M. CALLAHAN, Circuit Judges.

FISHER, Circuit Judge.

Volodymir Fedunyak, a Ukrainian national, petitions the court for review of a Board of Immigration Appeals (BIA) decision denying asylum and withholding of removal. Although the Immigration Judge (IJ) found that Fedunyak had suffered sufficient persecution to demonstrate that he would likely be tortured if he was returned to the Ukraine and thus was entitled to relief under the Convention Against Torture (CAT),1...

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