Li v. Holder, Jr., No. 07-71027 (9th Cir. 2011)
Annotate this CasePetitioner, a native and citizen of China, petitioned for review of a decision of the BIA affirming the IJ's decision denying asylum in the exercise of its discretion. The BIA's decision balanced the likelihood of persecution and its severity against the negative factors in the record and agreed with the IJ that petitioner's method of entry into the United States - being concealed in a metal box that was welded to the bottom of a car and driven across the border in the desert heat - was so dangerous that asylum should be denied. Petitioner appealed the BIA's decision related to the denial of asylum. After petitioner filed his appeal with the court, DHS successfully completed background checks and the IJ signed and filed a one-page standardized form confirming that withholding of removal had been granted. The form also indicated that appeal from the order was waived. The court held that it had jurisdiction to review the BIA's final order denying relief despite the fact that the BIA remanded pursuant to 8 C.F.R. 1003.1(d)(6). The court held that because the BIA properly considered the totality of the circumstances and weighed the risk of persecution against the egregious nature of petitioner's entry into the United States, the court denied the petition for review.
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