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TELYATITSKIY v. HOLDER

No. 08-1774.

628 F.3d 628 (2011)

Vyacheslav TELYATITSKIY, Petitioner, v. Eric H. HOLDER, Jr., Attorney General of the United States, Respondent.

United States Court of Appeals, First Circuit.

Decided January 14, 2011.

Attorney(s) appearing for the Case

Matthew D. Levitt , with whom Susan J. Cohen , Andrew Nathanson and Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. were on brief, for petitioner.

Shahrzad Baghai , Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Civil Division, with whom Tony West , Assistant Attorney General and Greg D. Mack , Senior Litigation Counsel were on brief, for respondent.

Before LYNCH, Chief Judge, BOUDIN and HOWARD, Circuit Judges.

HOWARD, Circuit Judge.

Vyacheslav Telyatitskiy, a native and citizen of Ukraine, petitions for review of the Board of Immigration Appeals' (BIA) denial of his motion to reconsider its earlier affirmance of an Immigration Judge's (IJ) removal order. Telyatitskiy argues that the BIA and IJ erred in finding him ineligible for withholding of removal under 8 U.S.C. § 1231(b)(3)(A) and deferral of removal under the Convention Against Torture (CAT). For the reasons...

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