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CHEN v. U.S. I.N.S.

No. 00-4136.

359 F.3d 121 (2004)

Tian-Yong CHEN, a.k.a. Tian Yong Chen, Petitioner, v. UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Second Circuit.

Decided: February 18, 2004.

Errata Filed: March 8, 2004.

Attorney(s) appearing for the Case

Joshua Bardavid (Theodore N. Cox, on the brief), New York, NY, for Petitioner.

Ross E. Morrison, Assistant United States Attorney (James B. Comey, United States Attorney for the Southern District of New York, on the brief, Andrew W. Schilling, Assistant United States Attorney, of counsel), United States Attorney's Office for the Southern District of New York, New York, NY, for Respondent.

Before: WALKER, Chief Judge, LEVAL and CABRANES, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge.

The case before us involves a claim of entitlement to asylum by petitioner Tian-Yong Chen, who alleges that he suffered persecution by the People's Republic of China on the basis of his Roman Catholic faith and that he would suffer renewed religious persecution if he were returned to China. In a June 15, 2000 decision, the Board of Immigration Appeals ("BIA") dismissed Chen's appeal from the order of an immigration judge ("IJ...

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