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YANG v. I.N.S.

No. 94-70439.

79 F.3d 932 (1996)

Pao YANG; Ying Yang; Jimmy Yang; Bao Yang; Seyar Yang; Phonesavanne Yang, Petitioners, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided March 27, 1996.

Attorney(s) appearing for the Case

Donald L. Ungar, Simmons, Ungar, Helbush, Steinberg & Bright, San Francisco, California, for petitioners.

Alison R. Drucker and Patricia Connally, Office of Immigration Litigation, United States Department of Justice, Washington, DC, for respondent.

Before: BROWNING, CANBY and HALL, Circuit Judges.

CYNTHIA HOLCOMB HALL, Circuit Judge:

The petitioners were denied asylum in the United States under a regulation which categorically precludes asylum for refugees who have "firmly resettled" in another country. See 8 C.F.R. § 208.14(c)(2) (1994).1 They argue that the regulation is ultra vires, and ask us to remand their cause to the Immigration and Naturalization Service ("INS") for consideration on the merits. We have jurisdiction...

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