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Tian v. Holder, No. 08-3391

By FindLaw Staff on August 19, 2009 | Last updated on March 21, 2019

Petition for review of a denial of Chinese national's application for asylum, withholding of removal, and protection under the Convention Against Torture is affirmed where:  1) IJ and BIA correctly determined that petitioner's conviction qualified as an aggravated felony because loss to the victims exceeded $10,000 and he was thus removable as an aggravated felon and statutorily ineligible for asylum; and 2) the IJ and BIA applied the correct legal standard in determining that petitioner's conviction qualifies as a particularly serious crime. 

Read Tian v. Holder, No. 08-3391

Appellate Information

Submitted: June 10, 2008

Filed: August 19, 2009


Opinion by Judge Gruender

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