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Huang v. Holder

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Argued: November 23, 2009

Before FEINBERG, WALKER and KATZMANN, Circuit Judges.

This case calls upon us in principal part to determine whether the opinion of the Board of Immigration Appeals (“BIA”) in In re M-F-W & L-G, 24 I. & N. Dec. 633 (BIA 2008), describing when forced insertion of an intrauterine device (“IUD”) constitutes persecution, is a permissible interpretation of the Immigration and Nationality Act (“INA”). Petitioner Xia Fan Huang seeks review of a decision of the Board of Immigration Appeals affirming the May 24, 2005 decision of Immigration Judge (“IJ”) Douglas Schoppert, denying her applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). In re Xia Fan Huang, No. A096 395 211 (B.I.A. Oct. 28, 2008), aff’g No. A096 395 211 (Immig. Ct. N.Y. City May 24, 2005). We hold that the agency’s interpretation is entitled to deference, and therefore deny the petition for review.

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