United States Third Circuit

A Korean-Chinese citizen's petition for review of the BIA's order of removal is granted in part as, the BIA's reversal of the IJ, and determination that petitioner was not entitled to relief under CAT, was not supported by substantial evidence, but rather, the evidence compels the conclusion that it is more likely than not that petitioner will be tortured if returned to China, for providing food and shelter to North Korean refugees who had illegally entered China. Thus, the decision of the BIA is reversed and a remand is not necessary as the record evidence overwhelmingly supports the conclusion that the petition for withholding or removal under CAT should be granted.

Appellate Information

• Argued 05/26/2010
• Decided 07/08/2010
• Published 07/08/2010

Judges

• RENDELL

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Man C. Yam, John W. Inkeles