Lian v. Holder, No. 08-60589 (5th Cir. 2009)

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REVISED June 10, 2009 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED June 8, 2009 No. 08-60589 Charles R. Fulbruge III Clerk RU LIAN Petitioner v. ERIC H HOLDER, JR, U S ATTORNEY GENERAL Respondent Petition for Review of an Order of the Board of Immigration Appeals BIA No. A200 038 254 Before REAVLEY, WIENER, and SOUTHWICK, Circuit Judges. PER CURIAM:* After briefing was complete in this matter, the Supreme Court decided Negusie v. Holder, 129 S. Ct. 1159 (2009). The Court remanded to the Board of Immigration Appeals the issue of whether there is a duress defense to the persecutor bar to asylum. Because Ru Lian s right to consideration for asylum may be impacted by Negusie, we GRANT the petition for review, VACATE the BIA s decision, and REMAND. The BIA should reconsider Ru Lian s claims in * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 08-60589 light of its eventual decision in Negusie and make such further disposition of the case as that determination requires. 2

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