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Ladyha v. Holder

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Submitted: November 17, 2009

Before MURPHY, SMITH, and BENTON, Circuit Judges.

Petitioner Aliaksandr Ladyha, a native and citizen of Belarus, sought asylum, withholding of removal, protection under the Convention against Torture (CAT), and voluntary departure. The Immigration Judge (IJ) denied all requested relief and the Board of Immigration Appeals (BIA) affirmed by order of November 23, 2007. Ladyha petitioned this court for review. We dismissed the petition after he filed a motion to reopen seeking a status adjustment based on his marriage to a United States citizen. The BIA granted Ladyha’s motion to reopen and remanded the case to the IJ. Ladyha’s spouse subsequently withdrew her I-130 visa petition. On January 13, 2009, the BIA vacated its decision remanding the case and reinstated its November 23, 2007 order, and Ladyha again petitioned this court for review. We deny the petition.

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