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XIAO XING NI v. GONZALES

Docket No. 04-0042-AG.

494 F.3d 260 (2007)

XIAO XING NI, Petitioner, v. Alberto GONZALES, Attorney General, Respondent.

United States Court of Appeals, Second Circuit.

Decided: July 12, 2007.

Attorney(s) appearing for the Case

Joan Xie, New York, NY, for Petitioner.

Kelly A. Zusman, Assistant United States Attorney (Kenneth C. Bauman, on the brief), for Karin J. Immergut, United States Attorney, District of Oregon, Portland, OR, for Appellee.

Before: JACOBS, Chief Judge, WALKER, CALABRESI, Circuit Judges.

Judge CALABRESI concurs in a separate opinion.

DENNIS JACOBS, Chief Judge:

Xiao Xing Ni, a native and citizen of China, seeks review of a December 15, 2003 order of the Board of Immigration Appeals ("BIA") affirming the July 18, 2002 decision of an immigration judge ("IJ"). In re Xiao Xing Ni, No. A79 399 277 (B.I.A. Dec. 15, 2003), aff'g A79 399 277 (Immig. Ct. N.Y. City July 18, 2002). The IJ determined that Ni's testimony was not credible...

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