Immigration – Motions to reopen

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U.S. Court of Appeals For the Seventh Circuit

Civil

Immigration – Motions to reopen

Where the BIA ignored a potentially meritorious argument when deciding a motion to reopen, it abuses its discretion.

“Moreover, even if the IJ would have wanted corroboration beyond his testimony, a birth certificate was not the only evidence that would have sufficed. (In fact, because Chen claimed that he was persecuted for violating the one-child policy, he necessarily could not obtain a valid birth certificate for his son because birth certificates are not issued for unregistered children. Yet his attorney misadvised him to get one.) As Chen notes, he submitted corroboration other than the birth certificates. Meredith testified that he had seen both of Chen’s children in China, the letters from Chen’s parents and Chen’s wife both discussed that Chen’s son was living with Chen’s parents, and photos showed Chen’s wife with their son. A competent attorney, Chen argued in his motion to reopen, could have overcome the IJ’s reasons for discounting this further evidence or explained why additional corroborating evidence could not be reasonably attained. The Board, however, addressed none these contentions either.”

Petition Granted.

14-2411 Chen v. Holder

Petition for Review of an Order of the Board of Immigration Appeals, Per Curiam.

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