United States Ninth Circuit

Petitioner's petition for review of the BIA's denial of their request for asylum is granted, where the BIA denied Petitioner Chinese citizens' request based on their harboring of North Korean refugees, even though there was no evidence that such conduct violated Chinese law.

Appellate Information

• Argued 03/06/2008
• Decided 03/23/2009
• Published 03/23/2009

Judges

• Before: MARY M. SCHROEDER, KIM McLANE WARDLAW, and RICHARD C. TALLMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Joseph S. Porta, Law Offices of Cohen & Kim, Los Angeles, CA, for petitioner Xun Li., Robert C. Balfe, United States Attorney, Western District of Arkansas;  Deborah J. Groom, Assistant United States Attorney, Fort Smith, AR, for Attorney General Holder., Miguel A. Olano, Santa Clarita, CA;  Patricia Vargas, Vargas & Associates, Alhambra, CA, for petitioner Xiangzhe Cui., Nairi M. Simonian, Department of Justice;  Peter D. Keisler, Assistant Attorney General;  Norah Ascoli Schwarz, Office of Immigration Litigation;  and Karen D. Utiger, Department of Justice, Washington, D.C., for Attorney General Holder., Jarrett A. Green, Skadden, Arps, Slate, Meagher & Flom LLP, Los Angeles, CA, for petitioner He Yun Fang., Matthew C. Mulford, Deputy Attorney General, San Diego, CA;  Peter D. Keisler, Assistant Attorney General;  and Terri J. Scadron and Anthony W. Norwood, Office of Immigration Litigation, Washington, D.C., for Attorney General Holder.