In a petition for review of a final order of the BIA affirming the decision of an Immigration Judge which denied petitioner's application for asylum, the petition is granted in part where petitioner's activity as a nurse in China did not amount to "assistance or participation" in persecution which would render her ineligible for asylum or withholding of removal under the Immigration and Nationality Act's "persecutor bar." However, the petition is denied in part where petitioner failed to sustain her burden of demonstrating that it was "more likely than not" that she would be tortured in China.
Argued: May 21, 2009
Decided: October 14, 2009
Opinion by Judge Jacobs
Stacy Stiffel Paddack, Anthony Norwood, Sherrie Waldrup, Office of Immigration Litigation, Department of Justice, Washington, DC