United States First Circuit

Chinese citizen's petition for review of BIA's denial of his application for asylum is denied where: 1) petitioner never presented his "other resistance" argument to the BIA; 2) petitioner never argued before the BIA that his flight from China constituted other resistance to a coercive population control program; and 3) BIA did not abuse its discretion in refusing to remand for further factfinding.

Appellate Information

• Decided 11/06/2009
• Published 11/06/2009

Judges

• LIPEZ, Circuit Judge., Before BOUDIN, HANSEN, and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Theodore N. Cox on brief for petitioner.


• For Appellees:
  
• Manuel A. Palau, Trial Attorney, Office of Immigration Litigation, Michael F. Hertz, Acting Assistant Attorney General, and Terri J. Scadron, Assistant Director, on brief for respondent.