07 Sep 2012

CA2 on Opposition to Corruption in China as Political Opinion: Yu v. Holder

"Ruqiang Yu petitions for review of a decision of the Board of Immigration Appeals that affirmed the Immigration Judge’s decision denying Yu’s application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”).  We conclude that the BIA applied an erroneous legal standard when assessing whether Yu’s opposition to corruption constituted an actual political opinion.  We hold also that the BIA erred by failing to consider Yu’s claim of imputed political opinion.  Accordingly, we grant the petition for review and remand for further consideration." - Yu v. Holder, Sept. 7, 2012.  [Hats off to Emanuel Liu and Mark C. Fang!]