LexisNexis® Legal Newsroom
Activist Leaves China, Bound for USA on Student Visa

"Chen's expected attendance at New York University comes from his association with Jerome Cohen, a law professor at the university who advised Chen while he was in the U.S. Embassy. The two met when the activist went to the United States on a State Department program in 2003, and Cohen...

CA2 on Motion to Reopen, New Evidence: Chen v. Holder (Unpub.)

"We remand to the BIA to reopen the proceedings to give full consideration to Chen's evidence and determine whether he has presented sufficient evidence to support an objectively reasonable fear of future persecution." - Chen v. Holder, Apr. 29, 2013 . [Hats off to Joshua Bardavid !]

CA7 (Posner) on Asylum, China, Forced Sterilization: Chen v. Holder

"We complained in Zheng v. Holder, 666 F.3d 1064, 1068 (7th Cir. 2012), about the Board’s insouciant attitude toward evidence of forced sterilization in Fujian, an attitude illustrated by the Board’s opinion in this case. ... The Justice Department’s brief in this court is even...

CA4 on China, One-Child Policy: Chen v. Holder

"For the foregoing reasons, we grant the petition for review as it relates to the BIA’s denial of asylum and withholding of removal based on the petitioners’ fear of being subjected to involuntary sterilization under China’s one-child policy, and we remand that particular claim...

Sixteen Years and 20 Minutes to “Other Serious Harm” Asylum

"On September 3rd, 16 years after filing his application, and two years after first approaching the GW Immigration Clinic, my client was granted asylum. Sixteen years is a long time, even in the glacially slow world of EOIR, but more significant is that the Immigration Judge granted my client “humanitarian...

CA2 on China, Persecution, Coercive Population Control: Chen v. Holder

"Substantial evidence here supports the agency’s finding that Chen failed to demonstrate that the imposition of a severe fine deprived him of the basic necessities of life or impoverished him before he left China. Accordingly, we deny review of the BIA’s past persecution ruling. The...

OCAHO Greenlights UPL in I-9 Fights: USA v. Chen's Wilmington

Moral of the story: When ICE raids your I-9 files, hire an attorney. Based on published OCAHO cases, you may have the penalty reduced by 50% or more. Otherwise, if you go it alone - or rely on your 'accountant' - you may end up in Ms. Chen's shoes, paying 100% of the proposed ICE penalty...

Hong Yen Chang Admitted to California Bar...125 Years Late

"We grant Hong Yen Chang posthumous admission as an attorney and counselor at law in all courts of the state of California. ... it is past time to acknowledge that the discriminatory exclusion of Chang from the State Bar of California was a grievous wrong. It denied Chang equal protection of the...

CA7 on Evidence, Ineffective Assistance: Chen v. Holder

"Where, as here, the Board ignores a potentially meritorious argument when deciding a motion to reopen, it abuses its discretion. ... Thus, the petition for review is granted. The Board should determine if Chen’s attorneys incompetently neglected to offer evidence and arguments that might...

H-2 Visas In Flux - Reform or Status Quo?

"[A]ccording to Daniel Costa of Economic Policy Institute (EPI), it's unclear what extent the new [joint DHS / DOL Interim Final] rule would strengthen standards or maintain the status quo: [E]mployers are keeping their fingers crossed that DOL/DHS reissue as much of the substance of the...