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CHEN v. BUREAU OF CITIZENSHIP & IMM. SERVICES

Docket No. 04-5748-AG.

470 F.3d 509 (2006)

Fen Yong CHEN, Petitioner, v. BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES, Respondent.

United States Court of Appeals, Second Circuit.

Decided: November 29, 2006.

Attorney(s) appearing for the Case

Theodore N. Cox, New York, N.Y. (Milan Bhatt and Haley Stein, on the brief), for Petitioner.

Mary E. Flemming, Assistant United States Attorney (Kathleen M. Mehltretter, Acting United States Attorney for the Western District of New York, on the brief) for Respondent.

Before MINER and POOLER, Circuit Judges, and RAKOFF, District Judge.

POOLER, Circuit Judge.

This petition for review concerns the order of the Board of Immigration Appeals ("BIA") sustaining the government's appeal of Immigration Judge ("IJ") Philip L. Morace's decision granting Petitioner's request for political asylum. The IJ determined that Petitioner was credible and had satisfied his burden of demonstrating past persecution in light of Petitioner's wife's forced abortion in China by family planning officials. See In re Chen...

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