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AVERIANOVA v. HOLDER

No. 08-3167.

592 F.3d 931 (2010)

Oksana AVERIANOVA, Petitioner, v. Eric H. HOLDER, Jr., Attorney General of the United States, Respondent.

United States Court of Appeals, Eighth Circuit.

Filed January 28, 2010.

Attorney(s) appearing for the Case

Elizabeth Holmes, argued, Bloomington, MN, for petitioner.

Kerry Ann Monaco, OIL, U.S. DOJ, argued, Sarah Maloney, OIL, U.S. DOJ, on the brief, Washington, DC, for respondent.

Before RILEY, HANSEN and GRUENDER, Circuit Judges.

GRUENDER, Circuit Judge.

Oksana Averianova entered the United States on a temporary visa in January 1996, but she remained here unlawfully after her visa expired. She applied for asylum, and the former Immigration and Naturalization Service ("INS")2 initiated removal proceedings. On November 30, 2004, an Immigration Judge ("IJ") found Averianova removable and denied her application for asylum, withholding of removal, and protection under...

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