Liu v. Holder

Record failed to contain sufficient evidence to support Bd.’s denial of alien’s 2011 motion to reopen her removal proceeding that had previously resulted in removal order where alien (native of China) alleged that subsequent to 2002, she had converted to Christianity, and that conditions for Chinese Christians had deteriorated since 2002. Bd. ignored several reports indicating that Chinese gov’t. imposed certain restrictions on Chinese Christians that require many Christians to practice their religion in secrecy within private homes, and Bd. otherwise failed to clarify likelihood of how alien would be treated upon return to China. Ct. further observed that Bd. failed to compare current conditions for Chinese Christians with conditions that existed in 2002 so as to determine whether instant motion to reopen was timely.