United States Second Circuit

Petition for review of a Board of Immigration Appeals (BIA) decision upholding denial of asylum and withholding of removal is denied in part as to past persecution determination and granted in part as to feared future persecution determination, and the order of removal is vacated insofar as it denied petitioner both asylum and withholding of removal based on feared future persecution, where China's imposition of a fine equal to approximately twenty times petitioner's annual income for resistance to a coercive population control program did not establish past persecution, but the ensuing economic sanctions for failure to pay the fine after petitioner left China supported a well founded fear of future persecution under the circumstances of this case.

Appellate Information

• Decided 12/05/2014
• Published 12/05/2014

Judges

• Raggi

Court

• United States Second Circuit

Counsel