United States Second Circuit

A decision finding that petitioner was ineligible for asylum and withholding of removal on the basis of "persecutor bar" under 8 U.S.C. sections 1158(b)(2)(A)(i) and 1231(b)(3)(B)(i) is vacated and remanded where the BIA has not yet articulated in a precedential decision its position regarding whether and under what conditions involuntary intrauterine device (IUD) insertion constitutes persecution, and the BIA has taken inconsistent positions on the issue.

Appellate Information

• Decided 03/14/2008
• Published 03/14/2008

Judges

• SOTOMAYOR, Circuit Judge:, Before:  POOLER, SACK and SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Theodore N. Cox (Andy Wong, on the brief), New York, NY, for petitioner.


• For Appellees:
  
• Ada E. Bosque, Attorney, Office of Immigration Litigation, U.S. Department of Justice (Peter D. Keisler, Assistant Attorney General;  Christopher C. Fuller, Senior Litigation Counsel, on the brief), Washington, DC, for respondent.