Morozov

MEMORANDUM **

Oleg Morozov petitions for review of two orders of the Board of Immigration Appeals (BIA): (1) the BIA’s dismissal of his appeal from the decision of an Immigration Judge (IJ) denying his applications for asylum, withholding of removal under the INA, and withholding of removal under Article 3 of the Convention Against Torture (CAT); and (2) the BIA’s denial of his motion to reopen. 1 We grant the petition for review of the latter decision (No. 04-75781) and remand with instructions for the BIA to grant Morozov’s motion to reopen. The petition for review of the former decision (No. 04-70534) is dismissed as moot.

Morozov sought relief from removal to Ukraine in the form of asylum, withholding of removal under the INA, or withholding of removal under the CAT. The IJ found Morozov’s account of extortion and beatings by thugs (or “bandits”) in Ukraine credible, but found that Morozov had not presented sufficient evidence linking the extortioners to the Ukranian government or sufficient evidence that he was persecuted on account of a political opinion. The BIA affirmed in an order stating reasons similar to those relied on by the IJ. *140 On a prior petition for review,…