Ge v. Holder, No. 07-3630 - U.S. Second Circuit
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Ge v. Holder, No. 07-3630

Petition for review of the BIA's order denying petitioner's asylum application is granted where: 1) the BIA committed legal error by effectively holding that petitioner's only cognizable activity was the act of his enrollment in the China Democratic Party (CDP), an act which petitioner contends was committed clandestinely, and took no notice of his later activities as a member of the CDP; and 2) remand was proper to reopen the record to permit petitioner to present additional evidence as to the Chinese government's likely future awareness of his involvement with the CDP.

Read Ge v. Holder, No. 07-3630

Appellate Information

Argued: May 27, 2009

Decided: December 2, 2009

Judges

Opinion by Judge Pooler

Counsel

For Petitioner:

David K.S. Kim, Matthew L. Guadagno, Kerry W. Bretz, and Jules E. Coven, New York, NY

For Respondent:

Annete M. Wietecha, Anh-Thu P. Mai, and Jeffrey S. Bucholtz, U.S. Department of Justice,
Washington, DC