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NIFTALIEV v. U.S. ATTY. GEN.

No. 06-12708.

504 F.3d 1211 (2007)

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

United States Court of Appeals, Eleventh Circuit.

October 16, 2007.

Attorney(s) appearing for the Case

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

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

Before BIRCH, FAY and CUDAHY, Circuit Judges.

FAY, Circuit Judge:

Upon sua sponte reconsideration of this appeal, we vacate our prior opinion, published at 487 F.3d 834 (11th Cir.2007), and substitute the following opinion in its place.

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...

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