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)

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  • Written by Sean Carroll, JD

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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Casebooks

Immigration Law

Key Terms

  • Immigration and Nationality ActFirst enacted in 1952, this act codified the variety of statutes dealing with immigration and naturalization into Title 8 of the U.S. Code.
  • Asylum StatusAn immigration status granted under Immigration and Nationality Act § 208 to a person who meets the definition of a refugee and who applies for asylum at a port of entry or within one year of arrival in the United States. Asylum permits a refugee to remain and work in the United States, to seek citizenship for the person and for family members, and to travel to and from the United States.
  • DeportationAlso known as removal, the official process for removing a noncitizen from the United States.

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