Chen v. Holder, No. 11-1191 (1st Cir. 2012)Annotate this Case
Chen, a citizen of the People's Republic of China, entered the U.S. without inspection in 1996. In 1997, the INS instituted removal, 8 U.S.C. 1182(a)(6)(A)(i). Chen sought political asylum and withholding of deportation under the Convention Against Torture based on religion and political opinion. An IJ found his testimony incredible and denied the application, but, noting Chen's young age and crimeless record, granted voluntary departure. Counsel withdrew Chen's appeal, stating that Chen had returned to China. Chen was actually living in the U.S., had married and was starting a family, which grew to include three children. Chen later asserted that he thought the case had been resolved in his favor and was unaware of what transpired because his lawyer had died. In 2010, Chen was apprehended and sought to reopen his removal proceedings with the BIA. The BIA denied the motion as untimely. He filed a second motion, alleging changed country conditions and that the BIA, in formulating its decision, improperly considered a 2007 Country Profile. The BIA denied the motion, finding Chen's evidence inadequate to show that he will be persecuted or tortured in China on the basis of his religion. The First Circuit denied review.