Article: Case Digests

U.S. Court of Appeals for the Second Circuit

Removal

Persecutor Ineligibility

Weng v. Holder

06-4791-ag

Appealed from the

Board of Immigration Appeals

Background: The petitioner seeks review of an order of the board dismissing an application for asylum, withholding of removal and protection under the Convention Against Torture. The immigration judge denied relief because she concluded that Weng, who worked as a nurse's assistant at a public hospital that performed forcible abortions pursuant to China's family planning policy, was a persecutor and, consequently, statutorily is ineligible for asylum or withholding of removal. Weng had engaged in conduct that was "active and had direct ...

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