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MARYNENKA v. HOLDER

No. 07-1792.

592 F.3d 594 (2010)

Hanna MARYNENKA, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: January 25, 2010.

Attorney(s) appearing for the Case

ARGUED: Joshua Adam Berman, Blaine L. Gilbert & Associates, PA, Baltimore, Maryland, for Petitioner. Lauren Fascett, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for Respondent. ON BRIEF: Blaine L. Gilbert, Blaine L. Gilbert & Associates, PA, Baltimore, Maryland, for Petitioner. Jeffrey S. Bucholtz, Acting Assistant Attorney General, Civil Division, David V. Bernal, Assistant Director, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent.

Petition for review granted; vacated and remanded with instructions by published opinion. Judge MICHAEL wrote the opinion, in which Judge GREGORY and Judge LEGG joined.

OPINION

MICHAEL, Circuit Judge:

Hanna Marynenka, a citizen of Belarus, petitions for review of the decision of the Board of Immigration Appeals (BIA) denying her application for asylum, withholding of removal, and protection under the United Nations Convention Against Torture (CAT). The BIA adopted and affirmed the determination of the immigration judge (IJ) that Marynenka had failed to meet her burden of establishing past persecution or a well-founded fear...

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