United States Second Circuit

Petition for review of the BIA's order denying petitioner's asylum application is granted where: 1) the BIA committed legal error by effectively holding that petitioner's only cognizable activity was the act of his enrollment in the China Democratic Party (CDP), an act which petitioner contends was committed clandestinely, and took no notice of his later activities as a member of the CDP; and 2) remand was proper to reopen the record to permit petitioner to present additional evidence as to the Chinese government's likely future awareness of his involvement with the CDP.

Appellate Information

• Decided 12/02/2009
• Published 12/02/2009

Judges

• POOLER, Circuit Judge:, Before:  LEVAL, POOLER, and B.D. PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• David K.S. Kim (Matthew L. Guadagno, Kerry W. Bretz, and Jules E. Coven, on the brief), Bretz & Coven, LLP, New York, NY, for Petitioner.


• For Appellees:
  
• Annete M. Wietecha, Trial Attorney, Office of Immigration Litigation (Anh-Thu P. Mai, Senior Litigation Counsel, and Jeffrey S. Bucholtz, Acting Asst. Attorney General, on the brief), U.S. Department of Justice, Washington, DC, for Respondent.