United States Fourth Circuit

BIA's denial of Chinese petitioner's applications for withholding of removal and asylum based on her conviction for unlawful export of technology to China is affirmed where: 1) an offense need not be an aggravated felony to qualify as a particularly serious crime for purposes of withholding; and 2) the BIA may determine that a non-aggravated felony is a particularly serious crime for purposes of asylum through the process of case-by-case adjudication.

Appellate Information

• Argued 12/01/2009
• Decided 02/23/2010
• Published 02/23/2010

Judges

• Before TRAXLER, Chief Judge, and WILKINSON and MICHAEL, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Amy Louise Howe, Howe & Russell, PC, Bethesda, Maryland, for Petitioner. Zoe Jaye Heller, United States Department of Justice, Washington, DC, for Respondent. ON BRIEF: Tony West, Assistant Attorney General, Douglas E. Ginsburg, Senior Litigation Counsel, United States Department of Justice, Washington, D.C., for Respondent.