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She v. Holder, No. 06-71794

By FindLaw Staff on December 14, 2010 4:27 PM

Petition for Review of BIA Order Partially Granted

In She v. Holder, No. 06-71794, a petition for review of an order of the Board of Immigration Appeals (BIA) dismissing her appeal from an Immigration Judge's (IJ's) denial of her application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT), the court granted the petition in part where, although the IJ did not put it in so many words, the BIA improperly surmised that the IJ had properly made a finding of firm resettlement.  However, the court denied the petition in part where the BIA properly upheld the IJ's decision to pretermit petitioner's applications for withholding of removal and CAT relief.

 

As the court wrote:  "Petitioner Su Hwa She ("Petitioner" or "She") seeks review of an order of the Board of Immigration Appeals ("BIA") dismissing her appeal from an Immigration Judge's ("IJ's") denial of her application for asylum, withholding of removal, and relief under the Convention Against Torture ("CAT"). Upon due consideration, we grant the petition for review in
part, deny it in part, and remand for further proceedings consistent with this opinion."

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