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Niftaliev v. Gonzales

Practice Area: Immigration

Outcome: Petition for Review Granted

Description: This case dealt with the issue of whether the alien had established that the treatment which he endured in his home country qualified such that he could be deemed to have suffered past persecution and therefore entitled to a regulatory presumption that he would be persecuted if returned to his native country. The Immigration Judge and Board of Immigration Appeals determined that the client had not suffered from past persecution. The Eleventh Circuit initially agreed and dismissed the petition for review. That decision was then vacated and supplemental briefing and oral argument scheduled. The Eleventh Circuit ultimately granted to petition for review and remanded proceedings to the Immigration Court. The client was subsequently granted withholding of removal.

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