XIAO JI CHEN, Petitioner,
v.
UNITED STATES DEPARTMENT OF JUSTICE, Attorney General Alberto R. Gonzales, Respondent.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Decided: January 6, 2006.
Opinion Revised: December 7, 2006.
Attorney(s) appearing for the Case
Bruno Joseph Bembi, Hempstead, NY, for Petitioner.
Donna A. Krappa, Assistant United States Attorney (Christopher J. Christie, United States Attorney for the District of New Jersey, on the brief), United States Attorney's Office for the District of New Jersey, Newark, NJ, for Respondent.
Lee Gelernt, American Civil Liberties Union Foundation, Immigrants' Rights Project, New York, N.Y. (Omar C. Jadwat, American Civil Liberties Union Foundation, Immigrants' Rights Project, New York, NY; Lucas Guttentag, Jennifer C. Chang, American Civil Liberties Union Foundation, Immigrants' Rights Project, Oakland, CA; Mary Kenney, American Immigration Law Foundation, Washington, DC, on the brief), for Amici Curiae in Support of Petitioner on Petition for Rehearing.
Bryan S. Beier, Senior Litigation Counsel, Office of Immigration Litigation, Washington, DC (Peter D. Keisler, Assistant Attorney General, United States Department of Justice, Civil Division; Jonathan F. Cohn, Deputy Assistant Attorney General; David J. Kline, Principal Deputy Director, Office of Immigration Litigation, on the brief), for Respondent on Petition for Rehearing.
Before NEWMAN, LEVAL, and CABRANES, Circuit Judges.
United States Court of Appeals, Second Circuit.
JOSÉ A. CABRANES, Circuit Judge.
We hereby grant the petition for rehearing of our January 6, 2006 opinion in this case, see Xiao Ji Chen v. U.S. Dep't of Justice,434 F.3d 144 (2d Cir.2006). In the January 6 opinion, under the heading "I. Asylum," id. at 150-55, we expressed the view that "questions of law," as the term is used in section 106(a)(1)(A)(iii) of the REAL ID Act of 2005 ("REAL ID Act"), Pub.L. No....
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