Dong v. Holder, No. 08-2083

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.       

Read Dong v. Holder, No. 08-2083

Appellate Information

On Petition for Review of an Order of the Board of Immigration Appeals

Decided November 6, 2009

Judges

Before: Boudin, Hansen, and Lipez, Circuit Judges

Opinion by Lipez, Circuit Judge

Counsel

For Appellant:  Theodore N. Cox

For Appellee:  Manual A. Palau, Office of Immigration, Michael F. Hertz, Acting Attorney General