M.S.C. v. Garland, No. 21-1496 (1st Cir. 2023)
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The First Circuit denied Petitioners' petitions seeking judicial review of two decisions by the Board of Immigration Appeals (BIA) - one affirming an immigration judge's (IJ) denial of their application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT), and the other denying Petitioners' motion to reopen their proceedings, holding that Petitioners were not entitled to relief.
Petitioners applied for relief from removal based on China's politics, specifically persecution by Chinese officials seeking to enforce China's Family Planning Policy, which was in effect when Petitioners first entered the United States. The IJ denied Petitioners' application, concluding that they failed to meet their burden of proof. The BIA dismissed Petitioners' appeal. The First Circuit denied Petitioners' petitions for review, holding that there was substantial evidence to support the agency's decisions in this case.
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