TCHITCHUI v. HOLDER

Docket No. 10-1953-ag.

657 F.3d 132 (2011)

Etienne TCHITCHUI, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent.

United States Court of Appeals, Second Circuit.

Decided: September 19, 2011.


Attorney(s) appearing for the Case

Elizabeth M. Dowd ( Katherine Z. Machan and Anna Greene , on the briefs), Linklaters LLP, New York, NY, for Petitioner.

Ann M. Welhaf , Trial Attorney, Office of Immigration Litigation ( Tony West , Assistant Attorney General, Civil Division and Stephen J. Flynn , Assistant Director, Office of Immigration Litigation, on the brief), U.S. Department of Justice, Civil Division, Washington, D.C., for Respondent.

Before: CABRANES, RAGGI, Circuit Judges, and RESTANI, Judge.


PER CURIAM:

An alien's "firm resettlement" in a third country prior to arrival in the United States bars the alien from obtaining asylum here. See 8 U.S.C. § 1158(b)(2)(A)(vi); 8 C.F.R. § 208.15. On this petition for review of an order of removal, we are asked to consider whether the government's prima facie showing of firm resettlement may be rebutted by an alien's showing that his ties to the third country...

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