Block on Trump's Asylum Ban Upheld by Supreme Court
Chinese citizen's petition for review of BIA's denial of his application for asylum is denied where: 1) petitioner never presented his "other resistance" argument to the BIA; 2) petitioner never argued before the BIA that his flight from China constituted other resistance to a coercive population control program; and 3) BIA did not abuse its discretion in refusing to remand for further factfinding.
On Petition for Review of an Order of the Board of Immigration Appeals
Decided November 6, 2009
Opinion by Lipez, Circuit Judge
For Appellant: Theodore N. Cox
For Appellee: Manual A. Palau, Office of Immigration, Michael F. Hertz, Acting Attorney General