Yu v. Holder, No. 11-2546 (2d Cir. 2012)Annotate this Case
Petitioner, a native and citizen of the People's Republic of China, petitioned for review of a decision by the BIA affirming the decision of the IJ denying his application for asylum, withholding of removal, and relief under the Convention Against Torture. The court concluded that the BIA failed to consider petitioner's opposition in its full factual and political context, and the court rejected the BIA's conclusion that opposition to corruption at one workplace - without evidence that the corruption extended to other workplaces - could not serve as the basis for asylum. Finally, the court concluded that the BIA erroneously failed to consider petitioner's claim of imputed political opinion. Accordingly, the court granted the petition and remanded to the BIA for further proceedings.