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Dong v. Holder

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Before Boudin, Hansen, *fn1 and Lipez, Circuit Judges.

Petitioner Jia Duan Dong, a citizen of China, seeks review of a decision of the Board of Immigration Appeals (“BIA”) affirming the denial of his application for asylum. Dong argues that the BIA erroneously failed to consider whether he qualifies for asylum under section 601(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub. L. No. 104-208, 110 Stat. 3009-546, which extends refugee status to certain individuals who have been or will be subjected to coercive population control procedures such as involuntary sterilization, or who have been or will be persecuted for resisting a coercive population control program.

Concluding that the BIA did not err, we deny the petition.

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