Quao Dong v. Atty Gen USA

Filing

JUDGMENT, the BIA's ruling as it relates to Dong's CAT claim and her asylum claim based on a fear of futher persecution are hereby AFFIRMED. The order denying Dong's application for asylum and withholding of removal based on past persecution is hereby VACATED and we REMAND this aspect of her claim to the BIA so it can be remanded to the Immigration Judge for further proceedings consistent with this opinion.

Case: 09-2524 Document: 003110479377 Page: 1

Date Filed: 03/25/2011

OFFICE OF THE CLERK

MARCIA M. WALDRON

UNITED STATES COURT OF APPEALS

TELEPHONE

CLERK

21400 UNITED STATES COURTHOUSE
601 MARKET STREET
PHILADELPHIA, PA 19106-1790

215-597-2995

Website: www.ca3.uscourts.gov

March 25, 2011

Joshua E. Bardavid
401 Broadway
22nd Floor
New York, NY 10013-0000
Jacob A. Bashyrov
Ilissa M. Gould
Jason Wisecup
United States Department of Justice
Office of Immigration Litigation, Civil Division
P.O. Box 878
Ben Franklin Station
Washington, DC 20044

RE: Quao Dong v. Atty Gen USA
Case Number: 09-2524
Agency Case Number: A076-968-107

ENTRY OF JUDGMENT
Today, March 25, 2011 the Court entered its judgment in the above-captioned matter pursuant to
Fed. R. App. P. 36.
If you wish to seek review of the Court's decision, you may file a petition for rehearing. The
procedures for filing a petition for rehearing are set forth in Fed. R. App. P. 35 and 40, 3rd Cir.
LAR 35 and 40, and summarized below.

Case: 09-2524 Document: 003110479377 Page: 2

Date Filed: 03/25/2011

Time for Filing:
14 days after entry of judgment.
45 days after entry of judgment in a civil case if the United States is a party.
Page Limits:
15 pages
Attachments:
A copy of the panel's opinion and judgment only. No other attachments are permitted without
first obtaining leave from the Court.
Unless the petition specifies that the petition seeks only panel rehearing, the petition will be
construed as requesting both panel and en banc rehearing. If separate petitions for panel
rehearing and rehearing en banc are submitted, they will be treated as a single document and will
be subject to a combined 15 page limit. If only panel rehearing is sought, the Court's rules do not
provide for the subsequent filing of a petition for rehearing en banc in the event that the petition
seeking only panel rehearing is denied.
A party who is entitled to costs pursuant to Fed.R.App.P. 39 must file an itemized and verified
bill of costs within 14 days from the entry of judgment. The bill of costs must be submitted on
the proper form which is available on the court's website.
A mandate will be issued at the appropriate time in accordance with the Fed.R.App.P. 41.
Please consult the Rules of the Supreme Court of the United States regarding the timing and
requirements for filing a petition for writ of certiorari.

Very truly yours,

Marcia M. Waldron,
Clerk
By: Phyllis Ruffin
Case Manager
267-299-4918