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Immigration – asylum – China — one-child policy

United States Court of Appeals For the Seventh Circuit

Civil

Immigration – asylum – China — one-child policy

Where the BIA failed to meaningfully address an asylum applicant’s argument that conditions in China regarding the one-child policy have changed for the worse, its denial must be reversed.

“Here, in evaluating Ni’s motion to reopen, the BIA failed meaningfully to address documents bolstering Ni’s assertion that conditions in China have changed for the worse. Ni’s evidence indicates that family planning officials in and around his hometown recently launched a crackdown on those who flout the ‘one-child policy.’ This oversight is particularly worrisome in light of the BIA’s frequent admonitions that such locality-specific evidence of coercive enforcement measures is necessary for asylum claims predicated on China’s population control policies. Because the BIA failed ‘to announce its decision in terms sufficient to enable a reviewing court to perceive that it has heard and thought and not merely reacted,’ see Iglesias v. Mukasey, 540 F.3d 528, 531 (7th Cir. 2008), we grant Ni’s petition for review.”

Petition Granted.

12-2242 Ni v. Holder

Petition for Review of an Order of the Board of Immigration Appeals, Wood, J.

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