The court of appeals granted a petition for review of an order of the Board of Immigration Appeals. The court held that record evidence did not support an immigration judge’s finding Chinese asylum applicant of North Korean descent was legitimately prosecuted where the record demonstrated that Chinese police desired to punish his defiance of an unofficial Chinese policy discouraging humanitarian aid to North Koreans.

Xun Li was a native citizen of the People’s Republic of China and of North Korean descent. Li assisted refugees from North Korea with food, clothing, and shelter in defiance of China’s unofficial policy of discouraging aid to North Korean refugees.