Legal Opinion

Tchitchui v. Holder

Court of Appeals for the Second Circuit

Decided September 19, 2011No. Docket 10-1953-agPublishedCited by 10 opinions

1Per curiam

An alien’s “firm resettlement” in a third country prior to arrival in the United States bars the alien from obtaining asylum here. See 8 U.S.C. § 1158(b)(2)(A)(vi); 8 C.F.R. § 208.15. On this petition for review of an order of removal, we are asked to consider whether the government’s prima facie showing of firm resettlement may be rebutted by an alien’s showing that his ties to the third country into which he fled before coming here were formed before his last flight from persecution. See 8 C.F.R. § 208.15(a). We concluded that firm resettlement is determined from the totality of the…

2Cases cited15 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  3. Corovic v. MukaseyCourt of Appeals for the Second Circuit · 2008
  4. Ali v. RenoCourt of Appeals for the Sixth Circuit · 2001
  5. Yulia Firmansjah v. Alberto R. Gonzales, 1Court of Appeals for the Seventh Circuit · 2005

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3Cited by10 opinions

  1. Mei Juan Zheng v. HolderCourt of Appeals for the Second Circuit · 2012
  2. Nadim Hanna v. Eric Holder, Jr.Court of Appeals for the Sixth Circuit · 2014
  3. Mr. Budiono v. Loretta E. LynchCourt of Appeals for the Ninth Circuit · 2016
  4. E. Bay Sanctuary Covenant v. BarrDistrict Court, N.D. California · 2019
  5. Sung Jang v. Loretta E. LynchCourt of Appeals for the Ninth Circuit · 2015

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