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ZHAO v. GONZALES

No. 03-60681.

404 F.3d 295 (2005)

Yu ZHAO, Petitioner, v. Alberto R. GONZALES, United States Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

March 15, 2005.

Attorney(s) appearing for the Case

Gang Zhou (argued), New York City, for Petitioner.

Russell J.E. Verby (argued), U.S. Dept. of Justice, Dept. of Homeland Sec., David V. Bernal, Thomas Ward Hussey, Dir., U.S. Dept. of Justice, OIL, Washington, DC, Hipolito Acosta, U.S. INS, Houston, TX, Caryl G. Thompson, U.S. INS, Dist. Directors Office, Attn: Joe A. Aguilar, New Orleans, LA, for Respondent.

Before SMITH and GARZA, Circuit Judges, and VANCE, District Judge.

JERRY E. SMITH, Circuit Judge:

Yu Zhao, a native of the People's Republic of China, attempted to enter the United States illegally. At a hearing before an immigration judge ("IJ"), Zhao applied for asylum and withholding of removal. The IJ refused to withhold removal and denied asylum on the ground that Zhao showed neither past persecution nor a well-founded fear of future persecution.

The Board of Immigration Appeals ("BIA" or "Board") dismissed Zhao's appeal...

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