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Slyusar v. Holder

United States Court of Appeals, Sixth Circuit

January 30, 2014

Lyubov SLYUSAR, Denys Slyusar and Vladyslav Slyusar, Petitioners,
v.
Eric H. HOLDER, Jr., Respondent.

Argued: Oct. 11, 2013.

Page 1069

[Copyrighted Material Omitted]

Page 1070

ARGUED:

Troy A. Murphy, Murphy Law Offices, Avon, Ohio, for Petitioners.

Claire L. Workman, United States Department of Justice, Washington, D.C., for Respondent.

ON BRIEF:

Troy A. Murphy, Murphy Law Offices, Avon, Ohio, for Petitioners.

Kathryn M. McKinney, United States Department of Justice, Washington, D.C., for Respondent.

Before: KEITH, GUY, and GIBBONS, Circuit Judges.

OPINION

KEITH, Circuit Judge.

Petitioner Lyubov Slyusar (" Slyusar" ) and her two minor children seek review of the Board of Immigration Appeals' (" BIA" ) dismissal of her appeal of an immigration judge's (" IJ" ) denial of her applications for asylum, withholding of removal, and protection pursuant to the Convention Against Torture (" Torture Convention" ). We DENY Slyusar's petition for review. We also DENY as moot Slyusar's motion for a stay of removal pending adjudication.

BACKGROUND

The facts underlying Slyusar's claim are not uncontroverted, as the Immigration Judge determined that her testimony was incredible. Slyusar testified to the following:

Slyusar is a Russian native and a Ukranian citizen who worked as a social worker, assisting pensioners, in Shepetovka, Ukraine from May 1999 to December 2002. In January 2001, Slyusar joined a private social organization called Caring Hands that educated pensioners about their rights. Caring Hands asked Slyusar to record unlawful non-cash pensions being distributed by her office, and she agreed. She discovered that a significant amount of pension fraud was taking place in her office, issued a report on her findings, and gave the report to her supervisor at Caring Hands. The report identified certain government officials by name. Slyusar approached the supervisor regarding the supervisor's intentions for the report, and the supervisor informed her that she would not take any further action regarding the report. Slyusar then took the ...


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