Mikhail Nifadev v. Eric Holder, Jr.


OPINION filed GRANTING Nifadev s petition for review, VACATING and REMANDING with the following instructions: (1) The BIA should determine whether the conduct of the Uzbek officials to which Nifadev credibly testified amounts to persecution. (2) Should the BIA find the Uzbek officials conduct to constitute persecution, the BIA should determine whether Nifadev s circumstances warrant a favorable exercise of the Attorney General s discretion to grant his application for asylum. (3) The BIA should also reconsider its determinations regarding Nifadev s application for withholding of removal and protection under CAT in light of this opinion. Decision not for publication. Danny J. Boggs, Authoring Circuit Judge; R. Guy Cole , Jr., Chief Circuit Judge and Jane Branstetter Stranch, Circuit Judge. [13-3704, 13-4222]

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Case: 13-3704 Document: 62-2 Filed: 08/18/2014 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT 100 EAST FIFTH STREET, ROOM 540 POTTER STEWART U.S. COURTHOUSE CINCINNATI, OHIO 45202-3988 Deborah S. Hunt Clerk Tel. (513) 564-7000 www.ca6.uscourts.gov Filed: August 18, 2014 Office of Immigration Litigation U.S. Department of Justice Office of Immigration Litigation P.O. Box 878 Washington, DC 20044 Mr. Charleston C. Wang Law Offices 6924 Plainfield Road The Wanglaw Building Cincinnati, OH 45236 Mr. David Harding Wetmore U.S. Department of Justice Office of Immigration Litigation P.O. Box 878 Washington, DC 20044 Re: Case No. 13-3704/13-4222, Mikhail Nifadev v. Eric Holder, Jr. Originating Case No. : A098 134 930 - CLE Dear Sir or Madam, The Court issued the enclosed (Order/Opinion) today in this case. Sincerely yours, s/Benjamin P. Alexander Case Manager Direct Dial No. 513-564-7021 Enclosure Mandate to issue

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