Tchitchui v. Holder, Jr., No. 10-1953 (2d Cir. 2011)
Annotate this CasePetitioner, a native and citizen of Cameroon, petitioned from an order of the BIA affirming the IJ's denial of asylum, but granting his application for withholding of removal. At issue was whether the government's prima facie showing of firm resettlement could be rebutted by an alien's showing that his ties to the third country into which he fled, in this case Guatemala, before coming here were formed before his last flight from persecution. The court held that firm resettlement was determined from the totality of the circumstances and that even ties formed in the third country prior to an alien's last flight from persecution were relevant to that determination. The court considered petitioner's arguments and found them to be without merit and therefore, based on the totality of the circumstances, denied the petition for review.
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