United States Ninth Circuit

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Nian v. Holder, 07-73643

Petitions for review of the Board of Immigration Appeals' (BIA) decision denying an alien crew member petitioner's application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT) is denied where the denial of an alien crew member's petition for asylum and other relief in "asylum only" proceedings is the "functional equivalent" of a final order of removal. Such an order constitutes a "final order of removal" within the meaning of 8 U.S.C. section 1252(a)(1).

Appellate Information

  • Decided 06/28/2012
  • Published 06/28/2012


  • Bea


  • United States Ninth Circuit