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Marius Stanciu v. Eric H. Holder, Jr., Attorney General

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Before Lynch, Chief Judge, Boudin and Thompson, Circuit Judges.

Marius Stanciu, a native and citizen of Romania, has petitioned for review of a decision of the Board of Immigration Appeals (“BIA”). See 8 U.S.C. § 1252(a)(1) (2006). The BIA affirmed the denial by the immigration judge (“IJ”) of Stanciu’s applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Stanciu is ethnically Romani (colloquially a “Gypsy”), and his applications rested on claims of persecution by Romanian police and security forces on account of his Romani heritage.

Stanciu entered the United States on March 22, 2006, on a valid visa that permitted him to work as a truck driver for a specific company until December 10, 2006. In November 2006, a commercial truck inspection revealed that Stanciu had switched employers without authorization and was working as a truck driver for a different company in violation of the terms of his visa. See 8 U.S.C. § 1227(a)(1)(C)(i).

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