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United States Seventh Circuit


Kholyavskiy v. Mukasey, 07-1020

In an immigration case, petition for review of a BIA order denying asylum, withholding of removal, and relief under the Convention Against Torture is granted in part and denied in part where: 1) petitioner enjoyed a fair hearing before the IJ; 2) remand was necessary for evaluation of evidence of past persecution with reference to the cumulative significance of a series of events alleged by petitioner, and with reference to petitioner's age at the time; 3) denial of asylum based on future persecution was supported by substantial evidence; and 4) a claim for humanitarian asylum should be reconsidered in light of the regulatory standard.

Appellate Information

  • Decided 08/28/2008
  • Published 08/28/2008

Judges

  • RIPPLE, Circuit Judge., Before FLAUM, RIPPLE and MANION, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Maria T. Baldini-Potermin, Pollock & Associates, Chicago, IL, for Petitioner.

  • For Appellees:
  • Siu Ping Wong, Department of Justice Civil Division, Immigration Litigation, Washington, DC, for Respondent.
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