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SI v. SLATTERY

No. 93 Civ. 8069 (MGC).

864 F.Supp. 397 (1994)

Peng-Fei SI, Petitioner, v. William SLATTERY, District Director of the United States Immigration and Naturalization Service, New York District, Respondent.

United States District Court, S.D. New York.

October 13, 1994.

Attorney(s) appearing for the Case

Jerome N. Frank Legal Services Organization, New Haven, CT by Carroll L. Lucht, Jean Koh Peters, Stephen Wizner, Jacqueline Becerra, Wesley Hsu, Stanley Hsue, Jane Park, Arlene Roberts, and Cecillia Wang, for petitioner.

Mary Jo White, U.S. Atty., S.D.N.Y., New York City by F. James Loprest, Jr., Sp. Asst. U.S. Atty., for respondent.

OPINION

CEDARBAUM, District Judge.

Peng-Fei Si, a citizen of the People's Republic of China ("PRC") who has been ordered excluded from the United States, petitions this court for a writ of habeas corpus. Si argues that the Board of Immigration Appeals ("BIA") relied on an improper legal standard in dismissing his appeal from the Immigration Judge's ("IJ") determination that he did not qualify for asylum or withholding of deportation based on his fear...

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