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PASTORA v. HOLDER

No. 12-2095.

737 F.3d 902 (2013)

Nicolas R. PASTORA, a/k/a Nicholas Pastora-Hernandez, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: December 11, 2013.

Attorney(s) appearing for the Case

ARGUED: William Robinson Heroy , Goodman, Carr, Laughrun, Levine & Greene, Charlotte, North Carolina, for Petitioner. Alison Marie Igoe , United States Department of Justice, Washington, D.C., for Respondent. ON BRIEF: Stuart F. Delery , Principal Deputy Assistant Attorney General, Lyle D. Jentzer , Senior Counsel for National Security, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent.

Petition for review denied by published opinion. Judge WYNN wrote the opinion, in which Judge NIEMEYER and Judge FLOYD concurred.

WYNN, Circuit Judge:

The issue on appeal is whether the evidence in this case is sufficient to require an applicant who is seeking relief from removal under the Nicaraguan Adjustment and Central American Relief Act ("NACARA") to bear the burden of proving that he did not engage in persecution in his home country. We hold that the record contains evidence sufficient to trigger the applicant's burden, and we agree with the Board of Immigration Appeals ("BIA") and the...

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