Jiang v. Board of Citizenship & Immigration Servs., 2d Cir. Mar. 14, 2008
06-4580-ag Jiang v. Board of Citizenship & Immigration Servs.
Before: POOLER, SACK and SOTOMAYOR, Circuit Judges.
The Board of Immigration Appeals (“BIA”) affirmed a decision of the Immigration Judge (“IJ”) concluding that petitioner was ineligible for asylum and withholding of removal on the basis of the persecutor bar in 8 U.S.C. § 1158(b)(2)(A)(i) and 8 U.S.C. § 1231(b)(3)(B)(i), because she was found to have assisted in the forced insertion of intrauterine devices (“IUDs”). Consistent with our decision in Ying Zheng v. Gonzales, 497 F.3d 201 (2d Cir. 2007), because the BIA has not yet articulated in a precedential decision its position regarding whether and under what conditions involuntary IUD insertion constitutes persecution, and because the BIA has taken inconsistent positions on this issue, we GRANT the petition for review, VACATE the order of the BIA, and REMAND for further proceedings consistent with this opinion. … Jiang v. Board of Citizenship & Immigration Servs.
