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KHOLYAVSKIY v. MUKASEY

No. 07-1020.

540 F.3d 555 (2008)

Arkadiy L. KHOLYAVSKIY, Petitioner, v. Michael B. MUKASEY, Attorney General of the United States, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided August 28, 2008.

Attorney(s) appearing for the Case

Maria T. Baldini-Potermin (argued), Baldini-Potermin & Associates, Chicago, IL, for Petitioner.

Jeffrey L. Menkin (argued), Department of Justice, Tax Division, Appellate Section, Washington, DC, for Respondent.

Before FLAUM, RIPPLE and MANION, Circuit Judges.

RIPPLE, Circuit Judge.

Arkadiy Kholyavskiy, a native of the former Soviet Union, petitions for review of an order of the Board of Immigration Appeals ("BIA") denying him asylum, withholding of removal and relief under the Convention Against Torture ("CAT"). For the reasons set forth in this opinion, we grant the petition in part, deny it in part, and remand for further proceedings.

I

BACKGROUND

A. Facts

Mr. Kholyavskiy was born...

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