(Download) "Wangchuck v. Dept of Homeland Security" by United States Court Of Appeals For The Sixth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Wangchuck v. Dept of Homeland Security
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 15, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
The petitioner, Jigme Wangchuck, petitions for the review of a decision of the Board of Immigration Appeals ("BIA") denying his application for asylum, withholding of removal to India and China, and relief under the Convention Against Torture ("CAT"). Wangchuck, who was born in India to Tibetan refugee parents and has never been to China (of which Tibet is now an "autonomous region" ), asserts that the BIA erred in concluding that he has failed to demonstrate a well-founded fear of persecution in India or China. Wangchuck also challenges the BIAs conclusion that because he was firmly resettled in India, he is ineligible for asylum from China. We grant the petition because the BIA: (1) failed to determine Wangchucks nationality; (2) improperly placed on him the burden of proving that he was not firmly resettled in India; (3) applied erroneous legal standards in its determination of whether Wangchuck had a well-founded fear of persecution in China; and (4) ordered Wangchuck removed, in the alternative, to China, despite the fact that Wangchuck, who was not born in China, may not be a national of China or have any other ties to the country that would authorize the agency to deport him to China.