United States Second Circuit

Petition to review decision denying asylum and withholding of removal is granted and the matter remanded where: 1) there were errors in the Board of Immigration Appeals' (BIA) order finding that petitioner failed to show a likelihood that he would be sterilized forcibly upon his return to China for having more than one U.S.-born child; and 2) the court could not predict with confidence that the BIA would have reached the same result on remand absent the errors.

Appellate Information

• Decided 01/22/2009
• Published 01/22/2009

Judges

Court

• United States Second Circuit

Counsel