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SHI v. BOARD OF IMMIGRATION APPEALS

No. 02-4488.

374 F.3d 64 (2004)

Xusheng SHI, Petitioner, v. BOARD OF IMMIGRATION APPEALS, Respondent.

United States Court of Appeals, Second Circuit.

Decided: July 1, 2004.

Attorney(s) appearing for the Case

Tao Lin, Caesar & Napoli, New York, NY, for Petitioner.

Michael R. Holden, Assistant United States Attorney (Kathy S. Marks, Assistant United States Attorney, of counsel; David N. Kelley, United States Attorney, on the brief), United States Attorney's Office for the Southern District of New York, New York, NY, for Respondent.

Before: LEVAL, CABRANES, and WALLACE, Circuit Judges.

PER CURIAM.

Petitioner Xusheng Shi, a native and citizen of the People's Republic of China, petitions this Court for review of an August 22, 2002 order of the Board of Immigration Appeals ("BIA") summarily affirming an October 23, 1998 decision by an immigration judge ("IJ") that denied Shi's application for asylum and withholding of deportation.

An applicant for asylum must establish that he is a "refugee," a term that includes one who, among other requirements...

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