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HUSYEV v. MUKASEY

No. 05-75177.

528 F.3d 1172 (2008)

Hennadiy Leonidovich HUSYEV; Tetyana Hryhorivna Husyeva, Petitioners, v. Michael B. MUKASEY, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed June 16, 2008.

Attorney(s) appearing for the Case

Stacy Tolchin, Van Der Hout, Brigagliano & Nightingale, LLP, Los Angeles, CA, for the petitioners.

Stephen J. Flynn (briefs), Colette J. Winston (oral argument), United States Department of Justice, Civil Division, Office of Immigration Litigation, Washington, DC, for the respondent.

Before: B. FLETCHER, WILLIAM C. CANBY, JR., and JOHNNIE B. RAWLINSON, Circuit Judges.

CANBY, Circuit Judge:

Hennadiy Leonidovich Husyev, a native and ethnic Russian and a citizen of Ukraine, petitions for review of final orders of the Board of Immigration Appeals ("BIA") denying relief from removal. Husyev originally entered the United States on a tourist visa. He overstayed his visa and, 364 days after the expiration of his temporary nonimmigrant status, applied for asylum. The Immigration Judge ("IJ") and...

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