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XIE v. I.N.S.

Docket No. 03-4196.

434 F.3d 136 (2006)

Zhang Jian XIE, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Second Circuit.

Decided: January 5, 2006.

Attorney(s) appearing for the Case

Donald L. Schlemmer, Washington D.C., for Petitioner.

Michael C. Johnson, Assistant United States Attorney for the District of Colorado (William J. Leone, Acting United States Attorney for the District of Colorado, of counsel), Denver CO, for Respondent.

Before: WALKER, Chief Judge, SACK, and RAGGI, Circuit Judges.

SACK, Circuit Judge.

Petitioner Zhang Jian Xie, a citizen of the People's Republic of China, entered the United States unlawfully in October 1992. In October 1993, Xie applied to the Immigration and Naturalization Service of the Department of Justice for asylum and withholding of removal.

Before coming to this country, Xie had worked for more than a year as a driver for the Changle County Department of Health in Fujian Province, China. One of his occasional...

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