Gao v. Gonzales

440 F.3d 62 (2006), vacated sub nom. Keisler v. Gao, 552 U.S. 801, 128 S.Ct. 345 (2007)

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Gao v. Gonzales

United States Court of Appeals for the Second Circuit
440 F.3d 62 (2006), vacated sub nom. Keisler v. Gao, 552 U.S. 801, 128 S.Ct. 345 (2007)

SC

Facts

Gao (plaintiff) was a Chinese citizen living in China. Gao’s parents sold her into marriage when she was 19 years old. This practice was socially accepted and legally enforceable in Gao’s region of China. Gao did not want to marry the man to whom she was sold. Gao fled to the United States (defendant) and applied for asylum and withholding of removal under the Immigration and Nationality Act (INA). The immigration judge denied the applications. The Board of Immigration Appeals (BIA) affirmed. Gao filed a petition for review.

Rule of Law

Issue

Holding and Reasoning (Straub, J.)

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