Sung Kil Jang v. Lynch, No. 11-73587 (9th Cir. 2015)
Annotate this CasePetitioner, a citizen of North Korea, petitioned for review of the BIA's denial of asylum under the firm resettlement doctrine. The court held that section 302 of the North Korean Human Rights Act of 2004, 22 U.S.C. 7842, does not preclude a finding that a North Korean has “firmly resettled” in South Korea, 8 U.S.C. 1158(b)(2)(A)(vi); 8 C.F.R. § 208.15, even though he otherwise meets the requirements of firm resettlement. Consequently, section 7842 does not affect the BIA's conclusion that petitioner has resettled in South Korea and therefore, the court denied the petition for review.
Court Description: Immigration. The panel denied a petition for review of the Board of Immigration Appeals’ denial of asylum, under the firm resettlement doctrine, to a native of North Korea, who relocated to South Korea. The panel held that section 302 of the North Korean Human Rights Act of 2004, 22 U.S.C. § 7842, which states that a North Korean national “shall not be considered” a South Korean national for refugee and asylum purposes, does not preclude a finding, under 8 U.S.C. § 1158(b)(2)(A)(vi) and 8 C.F.R. § 208.15, that a North Korean has “firmly resettled” in South Korea.
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