United States Eleventh Circuit

In court's withdrawal of its previous opinion dated 4 December 2008, petition to review denial of petitioner's claims for asylum and withholding under the Immigration and Naturalization Act (INA) and relief under the United Nations Convention Against Torture (CAT) is denied where: 1) outside of the "other resistance" clause of INA 8 U.S.C. section 1101(a)(42), unmarried partners like petitioner do not automatically qualify for protection under the forced abortion and sterilization provisions of the INA; and 2) the evidence did not compel a finding that petitioner suffered past persecution or had a well-founded fear of future persecution on account of his political opinion or any other protected ground.

Appellate Information

• Decided 01/28/2009
• Published 01/28/2009

Judges

Court

• United States Eleventh Circuit

Counsel