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LI v. GONZALES

No. 03-60670.

420 F.3d 500 (2005)

Xiaodong LI, Petitioner, v. Alberto R. GONZALES, U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

August 9, 2005.

Attorney(s) appearing for the Case

Garrett M. White (argued), Houston, TX, for Petitioner.

Gregory G. Katsas (argued), U.S. Dept. of Justice, Civil Div., Thomas Ward Hussey, Director, Keith Ian Bernstein, U.S. Dept. of Justice, Office of Immigration Litigation, Emily Anne Radford, Asst. Director, U.S. Dept. of Justice, Civil Div. Immigration Litigation, Washington, DC, Hipolito Acosta, U.S. I.N.S., Houston, TX, Caryl G. Thompson, U.S. I.N.S., Attn: Joe A. Aguilar, New Orleans, LA, for Respondent.

Before GARWOOD, BENAVIDES and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

The question presented in this case is whether a Chinese Christian who was prosecuted for holding an illegal religious gathering and conducting an underground church was persecuted on account of his religious beliefs, which would entitle him to withholding of removal pursuant to 8 U.S.C. § 1253(h) of the Immigration and Nationality Act. The immigration judge found Li to be eligible for withholding of removal. The Board of Immigration...

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