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Immigration Law

CA10 on Motion to Reopen, Evidence, China, Persecution: Qiu v. Sessions

Qiu v. Sessions, Sept. 11, 2017 - "Petitioner Liying Qiu, a native and citizen of the People’s Republic of China, sought asylum and withholding of removal based on her status as a Christian who does not agree with China’s state-sanctioned version of Christianity and as a woman who has violated China’s one-child policy by having three children. Her application was denied by the immigration court in 2011, and the Board of Immigration Appeals affirmed that decision in March 2013. In December 2015, Petitioner filed a motion to reopen based on the significantly increased persecution of Christians in China in 2014 and 2015. The BIA denied her motion to reopen as untimely. Petitioner now seeks review of that decision. ... The nonsensical nature of the BIA’s supposed reasoning on this point is illustrative of the BIA’s failure to give fair consideration to any of the arguments in Petitioner’s motion to reopen in this case, and it represents the very definition of an abuse of discretion.

The BIA provided no rational, factually supported reason for denying Petitioner’s motion to reopen. We conclude that the BIA abused its discretion by denying the motion on factually erroneous, legally frivolous, and logically unsound grounds, and we accordingly remand this case back to the BIA for further consideration. In so doing, we express no opinion as to the ultimate merits of the case. The petition is GRANTED and REMANDED."

[Hats off to Armin A. Skalmowski!]