The petitioner filed a brief in support of her petition for review of a BIA order denying her claims for asylum, withholding of removal, and relief under the Convention Against Torture. She raises seven issues on appeal, arguing that the IJ and BIA made multiple legal and factual errors. Specifically, she argues that the IJ failed to make a credibility determination, erred in finding that forced marriage does not constitute persecution, and incorrectly found that she could relocate within China to avoid persecution. She further argues that the IJ did not properly consider her claims under the Convention Against Torture. The brief asserts that the administrative decisions are not supported by substantial evidence and asks the court to reverse them.
Original Description:
On behalf of my client, Yan Dan Li, a native of the People's Republic of China (PRC), I petitioned for review of the order of the Board of Immigration Appeals (BIA) denying her applications for asylum under 8 U.S.C.A. § 1158(b) (West 2005 & Supp. 2006), withholding of removal under 8 U.S.C.A. § 1231(b)(3) (West 2005 & Supp. 2006), and protection under the United Nations Convention Against Torture (CAT).
I presented oral argument before the United States Court of Appeals for the Fourth Circuit on January 31, 2007 Before WILKINS, Chief Judge, and WILLIAMS and DUNCAN, Circuit Judges. The case was decided on March 15, 2007.
I successfully gave oral argument before the Fourth Circuit Court of Appeals on after my Petition for review of the order of the Board of Immigration Appeals (BIA) denying my client's application for asylum and withholding of removal had been granted. Because the immigration judge (IJ) denied her asylum and withholding of removal applications based on an improper application of the "corroboration rule," and because the IJ, in assessing the applications for asylum and withholding of removal, did not explain why corroboration of testimony was required, the case was remanded, which resulted in my client not being removed and gave her the opportunity to prove the merits of her claim.
In addition to explaining the case to the panel, I also orally explained the issues and intricacies of the law to my client, who was Chinese, and neither a native speaker, nor a lawyer, as well to as members of her family who had to help her decide whether to pursue the costly appeal.
Though I empathize with a claimant’s situation, I have the ability to objectively analyze the issues and the evidence in light of the existing law. I often need to inform claimants, and even attorneys about the law where they have significant misconceptions or little experience. This teaching task is critical.
This legal brief discusses the arguments to be used at the immigration court for those representing asylum claimants on the basis of forced marriage in light of the Gao decision, which recognizes young woman as opposing forced marriage as a social group which is persecuted. Other arguments presented in the article include persecution on the basis of a political opinion opposing forced marriage. forced marriage, asylum, gender, social group, human rights, immigration, interntaional law, refugee, China, persecution, aslyum, political persecution
Original Title
Forced Marriage as a Basis for Asylum in the United States: Petition for review of the order of the Board of Immigration Appeals
The petitioner filed a brief in support of her petition for review of a BIA order denying her claims for asylum, withholding of removal, and relief under the Convention Against Torture. She …