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.