Judge CALABRESI concurs in a separate opinion. DENNIS JACOBS, Chief Judge: Xiao Xing Ni, a native and citizen of China, seeks review of a December 15, 2003 order of the Board of Immigration Appeals (“BIA”) affirming the July 18, 2002 decision of an immigration judge (“IJ”). In re Xiao Xing Ni, No. A79 399 277 (B.I.A. Dec. 15, 2003), aff'g A79 399 277 (Immig. Ct. N.Y. City July 1…
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