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In this proceeding Yi Long Yang petitions for review of a decision of the Board of Immigration Appeals ("BIA") affirming the decision of Immigration Judge ("IJ") Ira Sandron denying Yang's application for asylum, withholding of removal and relief under the Convention Against Torture. In re Yi Long Yang, No. A. 76 506 523 (B.I.A. Apr. 29, 2003), aff'g No. A 76 506 523 (Immig. Ct. N.Y. City Aug. 27, 2001). Yang is a native of China whose application is based on opposition to China's coercive population control policy. The IJ determined that Yang, who was the only witness to testify, did not give credible testimony at his hearing and that he therefore failed to carry the necessary burden of proof. In affirming the IJ and dismissing the appeal, the BIA addressed, and found wanting, Yang's arguments that he had ineffective assistance of counsel; that he was prejudiced by the fact that the last page of the transcript of the IJ's oral decision was missing; and that his testimony was not credible and therefore that his burden of proof was not sustained.

For the reasons that follow, we remand the case to the BIA for further consideration.


478 F.3d 133 (2007) Yi Long YANG, Petitioner, v. Alberto R. GONZALES,[1] United States Attorney General, Respondent. Docket No. 03-4973-ag. United States Court of Appeals, Second Circuit.

Submitted: November 1, 2006. Decided: February 22, 2007.

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