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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.

Asylum decision against HIV applicant

Where a citizen of Mexico had sought relief based on his fear that he would be persecuted on the basis of his sexual orientation, the Ninth Circuit found that substantial evidence supported the BIA’s denial of the petitioner’s claims for asylum, withholding of removal, and CAT relief. The court also concluded that the BIA did not abuse its discretion in denying the petitioner’s motion to remand based on his recent HIV diagnosis.

Another win for the Law Offices of Brian D. Lerner regarding Asylum

Client’s asylum application was approved based on threats and violence in Rwanda based on his family’s ethnicity and political opinion.

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.

Definition of a Refugee

Prior to 1980, departure from communist-dominated or communist-occupied states, or departure from countries in the Middle East, was generally sufficient justification for refugee eligibility. Until this time, U.S. refugee policy was dominated by Cold War geopolitical concerns and strategies. The Refugee Act of 1980 sought to eliminate the prevailing geographic and ideological preferences and to emphasize that persecution, not provenance, was to be the basis for determining refugee eligibility.

The Refugee Act formally incorporated into U.S. law the international definition of refugee contained in the 1951 United Nations Convention relating to the Status of Refugees and its 1967 Protocol. A refugee is defined as a person outside of his or her country of nationality who is unable or unwilling to return because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. By Presidential Determination certain refugees may be processed while still in their countries of origin (Cuba, Vietnam, and the former Soviet Union). While in-country processing was designed to be an exceptional remedy to refugees of compelling need, a large percentage of all refugees admitted to the United States have been processed in-country.

Under U.S. law, a person who has committed acts of persecution, or has assisted in the commission of persecution in any way, on account of race, religion, nationality, membership in a particular social group, or political opinion, is not eligible for classification as a refugee

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