United States Eleventh Circuit

Denial of petition for withholding of removal, finding that the petitioner did not suffer past persecution, is reversed where the record compelled a finding of past persecution based upon the cumulative effect of: 1) the discrimination petitioner suffered in the Ukraine due to his mixed ethnicity; 2) the numerous beatings, arrests, searches, and interrogations he endured after speaking out against the Ukrainian government; 3) the 15-day period he spent in detention, deprived of food, beaten, and threatened at gunpoint; and 4) the beatings and threats he received from Ukrainian officials after he fled to Argentina.

Appellate Information

• Decided 10/16/2007
• Published 10/16/2007

Judges

• FAY, Circuit Judge:, Before BIRCH, FAY and CUDAHY, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• David H. Stoller, Stoller & Moreno, PA, Orlando, FL, for Petitioners.


• For Appellees:
  
• David C. Kelly, David V. Bernal, OIL, Russell J.E. Verby, U.S. Dept. of Justice, Washington, DC, for Respondent.