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WEI v. MUKASEY

No. 07-9537.

545 F.3d 1248 (2008)

Xiu Mei WEI, Petitioner, v. Michael B. MUKASEY, United States Attorney General, Respondent.

United States Court of Appeals, Tenth Circuit.

November 7, 2008.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Lorance Hockert, New York, NY, for Petitioner.

Mark C. Walters, Assistant Director, and W. Manning Evans, Attorney, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, D.C., for Respondent.

Before MURPHY, BRORBY, and HARTZ, Circuit Judges.

HARTZ, Circuit Judge.

Xiu Mei Wei is a native and citizen of the People's Republic of China now living in the United States. In November 2002 she sought asylum in this country based on her fear of persecution under China's one-child policy. But because she had long overstayed her visa, removal proceedings were initiated shortly thereafter. An immigration judge (IJ) rejected her asylum application and ordered her removed to China. In December 2004 the Board of Immigration...

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