Pao Yang v. Immigration & Naturalization Service

The petitioners were denied asylum in the United States under a regulation which categorically precludes asylum for refugees who have “firmly resettled” in another country. See 8 C.F.R. § 208.14 (c)(2) (1994). 1 They argue that the regulation is ultra vires, and ask us to remand their cause to the Immigration and Naturalization Service (“INS”) for consideration on the merits. We have jurisdiction over this timely appeal pursuant to 8 U.S.C. § 1105a(a). Finding that the regulation does not violate its enabling statute, we deny the petition.

I

The petitioners are a Hmong family from Laos. They claim that during the Vietnam War, members of their family cooperated with the American military and CIA against the communists. In return, they say, they received promises of asylum in the United States.

When the Pathet Lao came to power in Laos in 1975, petitioner Pao Yang, his wife Ying, and others of their extended family fled to Thailand. They claim that they immediately sought passage to the United States, but that the American government denied their request for asylum. For three years the family remained in a Thai refugee camp, until the French government offered them admission to…