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Ru Lian v. Holder

United States Court of Appeals, Fifth Circuit
Jun 8, 2009
326 F. App'x 315 (5th Cir. 2009)

Opinion

No. 08-60589.

June 8, 2009.

Ru Lian, New York, NY, pro se.

Ernesto Horacio Molina, Jr., Thomas Ward Hussey, Director, U.S. Department of Justice Office of Immigration Litigation, Washington, DC, E M. Trominski, District Director, U.S. Immigration and Naturalization Service, Harlingen, TX for Respondent.

Petition for Review of an Order of the Board of Immigration Appeals, BIA No. A200 038 254.

Before REAVLEY, WIENER, and SOUTHWICK, Circuit Judges.


After briefing was complete in this matter, the Supreme Court decided Negusie v. Holder, ___ U.S. ___, 129 S.Ct. 1159, 173 L.Ed.2d 20 (2009). The Court remanded to the Board of Immigration Appeals the issue of whether there is a duress defense to the "persecutor bar" to asylum. Because Ru Lian's right to consideration for asylum may be impacted by Negusie, we GRANT the petition for review, VACATE the BIA's decision, and REMAND. The BIA should reconsider Ru Lian's claims in light of its eventual decision in Negusie and make such further disposition of the case as that determination requires.


Summaries of

Ru Lian v. Holder

United States Court of Appeals, Fifth Circuit
Jun 8, 2009
326 F. App'x 315 (5th Cir. 2009)
Case details for

Ru Lian v. Holder

Case Details

Full title:RU LIAN, Petitioner v. Eric H. HOLDER, Jr., U.S. Attorney General…

Court:United States Court of Appeals, Fifth Circuit

Date published: Jun 8, 2009

Citations

326 F. App'x 315 (5th Cir. 2009)