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LIN v. HOLDER

No. 08-3573.

565 F.3d 971 (2009)

Yinggui LIN, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 14, 2009.

Attorney(s) appearing for the Case

ON BRIEF: Richard T. Herman, Law Offices, Cleveland, Ohio, for Petitioner. Craig A. Newell, Jr., Aviva L. Poczter, United States Department of Justice, Washington, D.C., for Respondent.

Before: MARTIN and GILMAN, Circuit Judges; ZOUHARY, District Judge.

OPINION

JACK ZOUHARY, District Judge.

Petitioner Yinggui Lin (Lin) is a Falun Gong practitioner who allegedly fled from persecution in China, including a Chinese police raid on his gaming business which resulted in the confiscation of equipment. Lin entered the United States illegally in September 2004 near Roma, Texas. That same month, the Department of Homeland Security served Lin with a Notice to Appear, alleging he was removable as an alien. Lin was...

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