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SUNG KIL JANG v. LYNCH

No. 11-73587.

812 F.3d 1187 (2015)

SUNG KIL JANG, Petitioner, v. Loretta E. LYNCH, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed December 22, 2015.

Attorney(s) appearing for the Case

Judith L. Wood (argued), Law Offices of Judith L. Wood, Los Angeles, CA, for Petitioner.

Alexander J. Lutz (argued) and Dara S. Smith , Trial Attorneys, and David V. Bernal , Assistant Director, Office of Immigration Litigation, and Stuart F. Delery , Principal Deputy Assistant Attorney General, Civil Division, United States Department of Justice, Washington, D.C., for Respondent.

Before: SUSAN P. GRABER and RONALD M. GOULD, Circuit Judges, and WILEY Y. DANIEL, Senior District Judge.

OPINION

This case presents a single legal issue of first impression: Does section 302 of the North Korean Human Rights Act of 2004 ("the Act"), 22 U.S.C. § 7842, preclude a finding that a North Korean has "firmly resettled" in South Korea, 8 U.S.C. § 1158(b)(2)(A)(vi); 8 C.F.R. § 208.15, even though...

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