Legal Opinion

Sung Jang v. Loretta E. Lynch

Court of Appeals for the Ninth Circuit

Decided December 22, 2015No. 11-73587PublishedCited by 10 opinions

1Opinion of the Court

OPINION

GRABER, Circuit Judge:

This, case presents a single legal issue of first impression: Does section 302 of the North Korean Human Rights Act of 2004 (“the Act”), 22 U.S.C. § 7842, preclude a finding that a North Korean has “firmly resettled” in South Korea, 8 U.S.C. § 1158(b)(2)(A)(vi); 8 C.F.R. § 208.15, even though he otherwise meets the requirements of firm resettlement? We answer that question “no.” Accordingly, we deny the petition for asylum.

FACTUAL AND PROCEDURAL HISTORY

Petitioner Sung Kil Jang was born in North Korea in 1977 and is a citizen of North Korea. It is undisputed that…

2Cases cited12 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
  3. District of Columbia v. HellerSupreme Court of the United States · 2008
  4. Smith v. MarshCourt of Appeals for the Ninth Circuit · 1999
  5. Rizk v. HolderCourt of Appeals for the Ninth Circuit · 2011

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3Cited by10 opinions

  1. Delphine Arrey v. William BarrCourt of Appeals for the Ninth Circuit · 2019
  2. Margarito Rodriguez Tovar v. Jefferson SessionsCourt of Appeals for the Ninth Circuit · 2018
  3. E. Bay Sanctuary Covenant v. TrumpDistrict Court, N.D. California · 2018
  4. Kami Etemadi v. Merrick GarlandCourt of Appeals for the Ninth Circuit · 2021
  5. Kuang v. U.S. Dep't of Def.District Court, N.D. California · 2018

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