Chen v. Holder

Federal 7th Circuit Court
Civil Court
Citation
Case Number: 
No. 12-2563
Decision Date: 
May 9, 2013
Federal District: 
Petition for Review, Order of Bd. of Immigration Appeals
Holding: 
Petition granted
Record failed to contain sufficient evidence to support Bd.’s denial of application of asylum by alien-native of Fujian Province, China, alleging that she would be forced to undergo sterilization if required to return to China with her two U.S.-born children. Bd. ignored certain documents suggesting that alien would be pressured to undergo sterilization even though alien’s two children were born in U.S. Moreover, although instant record contained uncertainty with respect to whether one-child policy would be applied to instant alien, remand was required since Bd.’s denial order lacked rationale basis where Bd. misrepresented contents of report used to support instant denial.