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XIAO KUI LIN v. MUKASEY

No. 05-6035-ag.

553 F.3d 217 (2009)

XIAO KUI LIN, Petitioner, v. Michael B. MUKASEY, Attorney General of the United States, The United States Department of Justice, Michael Chertoff, Secretary of The Department of Homeland Security, and The Department of Homeland Security, Respondents.

United States Court of Appeals, Second Circuit.

Decided: January 22, 2009.

Last Supplemental Brief Filed: March 21, 2008.

Attorney(s) appearing for the Case

Douglas B. Payne, Esq., New York, NY, for Petitioner.

Larry Ludka, Assistant United States Attorney, for Donald J. DeGabrielle, JR., United States Attorney for the Southern District of Texas, Corpus Christi, TX, for Respondents.

Before SOTOMAYOR and LIVINGSTON, Circuit Judges, and CARMAN, Judge.

LIVINGSTON, Circuit Judge:

Petitioner Xiao Kui Lin, a citizen of China, seeks review of the October 17, 2005 decision of the Board of Immigration Appeals ("BIA") adopting and affirming the May 26, 2004 decision of Immigration Judge ("IJ") Robert Weisel denying Lin's applications for asylum and withholding of removal. In re Xiao Kui Lin, No. A 72 473 382 (B.I.A. Oct. 17, 2005), aff'g No. A 72 473 382 (Immig. Ct. N.Y. City May 26, 2004). Because we find...

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