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Court Finds BIA Erred in Denying Chinese Christian Petitioner’s Motion to Reopen Based on Changed Country Conditions

The Tenth Circuit granted the petition for review and remanded, holding that a significant increase in the level of persecution constitutes a material change in country conditions for purposes of INA §240(c)(7)(C). The court found that the BIA abused its discretion by denying on factually erroneous, legally frivolous, and logically unsound grounds the petitioner’s motion to reopen based on the significantly increased persecution of Christians in China in 2014 and 2015.

From India or China with lots of education? Unfortunately, employment visas retrogressed.

The State Department released the Visa Bulletin for September 2015. There was forward movement in most employment- and family-based visa categories, although the employment-based second preference categories for mainland China and India retrogressed to January 1, 2006, from December 15, 2013, and October 1, 2008, respectively. The Visa Bulletin also includes information on the worldwide numerical limits for FY2015.

CA10 Finds No Past Persecution in Chinese Asylum Case

The court found that the economic penalties imposed on the petitioner as result of his resistance to Chinese population control policies did not rise to the level of past persecution, and affirmed the denial of asylum and CAT relief.

CA7 on Withholding of Removal and China’s “One-Child” Policy

The court found that the petitioner did not prove that it was more likely than not she would be persecuted because of her opposition to China’s “one child” policy if she returns to China.

Increased U.S. Visa Demand in Brazil and China

DOS deploys temporary employees in an effort to decrease wait times for visa applicants in Brazil. Mission Brazil processed 820,000 visas, and Mission China processed over one million visas in FY2011.

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