LI v. HOLDER

Nos. 05-70053, 05-72298, 05-76786.

559 F.3d 1096 (2009)

Xun LI, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent. Xiangzhe Cui, Petitioner, v. Eric H. Holder, Jr., Attorney General, Respondent. He Yun Fang, Petitioner, v. Eric H. Holder, Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed March 23, 2009.


Attorney(s) appearing for the Case

Joseph S. Porta, Law Offices of Cohen & Kim, Los Angeles, CA, for petitioner Xun Li.

Robert C. Balfe, United States Attorney, Western District of Arkansas; Deborah J. Groom, Assistant United States Attorney, Fort Smith, AR, for Attorney General Holder.

Miguel A. Olano, Santa Clarita, CA; Patricia Vargas, Vargas & Associates, Alhambra, CA, for petitioner Xiangzhe Cui.

Nairi M. Simonian, Department of Justice; Peter D. Keisler, Assistant Attorney General; Norah Ascoli Schwarz, Office of Immigration Litigation; and Karen D. Utiger, Department of Justice, Washington, D.C., for Attorney General Holder.

Jarrett A. Green, Skadden, Arps, Slate, Meagher & Flom LLP, Los Angeles, CA, for petitioner He Yun Fang.

Matthew C. Mulford, Deputy Attorney General, San Diego, CA; Peter D. Keisler, Assistant Attorney General; and Terri J. Scadron and Anthony W. Norwood, Office of Immigration Litigation, Washington, D.C., for Attorney General Holder.

Before: MARY M. SCHROEDER, KIM McLANE WARDLAW, and RICHARD C. TALLMAN, Circuit Judges.


OPINION

WARDLAW, Circuit Judge:

The consolidated petitions of Xun Li, Xiangzhe Cui, and He Yun Fang present the same question of law.1 Police in the People's Republic of China are alleged to have arrested and tortured Chinese petitioners of North Korean descent for having provided humanitarian assistance to North Koreans seeking refuge in China. The Board of Immigration Appeals ("BIA") denied each of the three petitioners' asylum...

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