Lin v. Holder, No. 07-5791 - U.S. Second Circuit
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Lin v. Holder, No. 07-5791

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.

Read Lin v. Holder, No. 07-5791

Appellate Information

Argued: May 21, 2009

Decided: October 14, 2009

Judges

Opinion by Judge Jacobs

Counsel

For Petitioner:

Stuart Altman, Law Offices of Stuart Altman, New York, NY

For Respondent:

Stacy Stiffel Paddack, Anthony Norwood, Sherrie Waldrup, Office of Immigration Litigation, Department of Justice, Washington, DC