Xiao Kui Lin v. Mukasey
Court of Appeals for the Second Circuit
1Opinion of the Court
LIVINGSTON, Circuit Judge:
Petitioner Xiao Kui Lin, a citizen of China, seeks review of the October 17, 2005 decision of the Board of Immigration Appeals (“BIA”) adopting and affirming the May 26, 2004 decision of Immigration Judge (“IJ”) Robert Weisel denying Lin’s applications for asylum and withholding of removal. In re Xiao Kui Lin, No. A 72 473 382 (B.I.A. Oct. 17, 2005), aff'g No. A 72 473 382 (Immig. Ct. N.Y. City May 26, 2004). Because we find errors in the BIA’s order and cannot predict with confidence that the BIA would reach the same result on remand absent these errors, we are…
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