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Immigration – Asylum — China

United States Court of Appeals For the Seventh Circuit


Immigration – Asylum — China

Denial of asylum to a Chinese woman from Fujian Province is vacated, where the BIA ignored evidence of forced sterilizations in the province.

“What surely did not meet the Board’s responsibility for the reasoned administration of asylum law in the present case was its brushing aside—with a cropped reference to the State Department report of May 2007—the question whether the petitioner faces a substantial risk (however difficult to quantify) of compulsory sterilization if she is removed to China. The combination of the Board’s inaccurate representation of the report on which it so heavily relied, disregard of other evidence, and erratic treatment of the documents submitted by the petitioner deprives the Board’s order denying asylum of a rational foundation. See also Ni v. Holder, supra.”

Vacated and Remanded.

12-2563 Chen v. Holder

Petition to Review Order of the Board of Immigration Appeals, Posner, J.

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