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XU SHENG GAO v. U.S. ATTY. GEN.

Docket No. 06-3285-ag.

500 F.3d 93 (2007)

XU SHENG GAO, Petitioner, v. UNITED STATES ATTORNEY GENERAL, Respondent.

United States Court of Appeals, Second Circuit.

Decided: September 4, 2007.

Attorney(s) appearing for the Case

Gang Zhou, New York, NY, for Petitioner.

Benjamin H. White, Jr., First Assistant United States Attorney, for Anna Mills Wagoner, United States Attorney for the Middle District of North Carolina, Greensboro, NC, for Respondent.

Before: POOLER, PARKER, and WESLEY, Circuit Judges.

POOLER, Circuit Judge:

Petitioner Xu Sheng Gao seeks review of the June 30, 2006, order of the Board of Immigration Appeals ("BIA") adopting and affirming Immigration Judge ("IJ") Paul A. DeFonzo's February 3, 2005, decision finding Gao statutorily ineligible for asylum or withholding of removal on the basis of the persecutor bar in 8 U.S.C. § 1158(b)(2)(A)(i) and 8 U.S.C. § 1231(b)(3)(B)(i). See In re Gao, No. A. 95 172 158 (B.I.A. June 30, 2006...

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