United States Second Circuit

In a petition for review of a final order of the BIA affirming the decision of an Immigration Judge which denied petitioner's application for asylum, the petition is granted in part where petitioner's activity as a nurse in China did not amount to "assistance or participation" in persecution which would render her ineligible for asylum or withholding of removal under the Immigration and Nationality Act's "persecutor bar." However, the petition is denied in part where petitioner failed to sustain her burden of demonstrating that it was "more likely than not" that she would be tortured in China.

Appellate Information

• Decided 10/14/2009
• Published 10/14/2009

Judges

• DENNIS JACOBS, Chief Judge:, Before:  JACOBS, Chief Judge, KEARSE, and STRAUB, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Stuart Altman, Law Offices of Stuart Altman, New York, NY, for Petitioner.


• For Appellees:
  
• Stacy Stiffel Paddack, (Anthony Norwood, Sherrie Waldrup, on the brief), Office of Immigration Litigation, for Gregory G. Katsas, Assistant Attorney General, United States Department of Justice, Civil Division, Washington, D.C., for Respondent.