Wu v. Holder, Jr., No. 09-2564 (2d Cir. 2011)
Annotate this CasePetitioner sought review of the BIA's order of removal claiming that the Chinese government had persecuted him because he attended an underground Christian church in China. The government moved to dismiss the petition pursuant to the fugitive disentitlement doctrine. The court denied the motion to dismiss where the court, by exercising its discretion, determined that the fugitive disentitlement doctrine, which was an equitable doctrine, was inapplicable to petitioner's case. Having denied the government's motion to dismiss, the court addressed the merits of petitioner's case in a summary order.
This opinion or order relates to an opinion or order originally issued on August 4, 2010.
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