10-3673 Lin v. Holder

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Immigration
China; asylum; forced abortions

The BIA erred in denying the asylum application of a Chinese alien claiming she was forced to undergo an abortion as unsupported.

“The Board’s decision does nothing to materially change our view of the IJ’s overall credibility finding. The Board adopted the IJ’s reasoning, and added that the adverse credibility finding was justified because Lin failed to provide corroborating evidence to contradict the State Department’s interpretation of the abortion certificate. But as we alluded to above, the Board may require corroboration only when it is reasonable to do so. Krishnapillai, 563 F.3d at 618. Here, Lin provided an affidavit from a family member to corroborate her own testimony. We cannot envision other readily available evidence that might have helped prove the forced nature of her abortion, especially when the IJ found her testimony about her strenuous efforts to avoid the abortion as being credible. Also, the Board did not identify any such evidence that it found lacking. In order to deny Lin’s claim for asylum based on a lack of sufficient corroboration (beyond the mother’s letter), the Board needed to both explain why it was reasonable to expect further corroboration and account for Lin’s failure to provide it. Tandia v. Gonzales, 487 F.3d 1048, 1054-55 (7th Cir. 2007). Neither the Board nor the IJ considered either of these factors, so the Board’s additional reasoning that Lin failed to corroborate her claim is insufficient to justify the decision to deny asylum.”

Petition Granted.

10-3673 Lin v. Holder

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

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