Fedunyak

I. Background

Fedunyak opened an automobile sales business in 1997 in the Ukrainian city of Striy. The chief of Striy’s registration department ordered Fedunyak to share his success and demanded that Fedunyak pay $100 for every car sold. Fedunyak made one payment but then began to register cars through his friends to avoid making the payoffs. As punish- 1 The government did not appeal the Immigration Judge’s grant of relief under the Convention Against Torture. FEDUNYAK v. GONZALES 2409 ment, three unidentified gunmen beat Fedunyak until he lost consciousness. Upon regaining consciousness, the assailants demanded that Fedunyak pay $2,000 to the registration department chief.

After forcing Fedunyak to sign a promissory note, the assailants knocked him unconscious once again. Fedunyak awoke in a hospital, where he was treated for a concussion, a broken nose, a torn ear and bruises. While recuperating, Fedunyak asked the police to investigate the attack. However, once Fedunyak was released from the hospital, a police inspector subpoenaed him and threatened to subject him to additional beatings if he did not fulfill the registration depart- ment chief’s $2,000…