United States Second Circuit

Petition for review of an order dismissing plaintiff's application for asylum and withholding of removal is granted and the matter remanded where the Board of Immigration Appeals erred in concluding that plaintiff was subject to the persecutor bar for refugee status, as plaintiff's conduct in China was not sufficiently direct, active, or integral to the administering of forced abortions to amount to assistance in persecution. Petition for review is denied as to the ruling that plaintiff is ineligible for relief under the Convention Against Torture.

Appellate Information

• Decided 04/14/2009
• Published 04/14/2009

Judges

• BARRINGTON D. PARKER, Circuit Judge:, Before WALKER, B.D. PARKER, and RAGGI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Yanqin Weng, New York, N.Y., pro se.


• For Appellees:
  
• Janice K. Redfern, Attorney, Office of Immigration Litigation (Peter D. Keisler, Assistant Attorney General, and James E. Grimes, Senior Litigation Counsel, on the brief), Civil Division, U.S. Department of Justice, Washington, D.C., for Respondent.