Zhang v. Holder, No. 11-4251 (6th Cir. 2012)
Annotate this CaseZhang is a Chinese citizen. She was stopped by INS upon her entry to the U.S. without valid documents in 2001. In 2002, Zhang was ordered removed; the BIA affirmed. Zhang did not leave the country; she converted to Roman Catholicism, was married in the Catholic Church, and had two children. In 2011, Zhang moved to reopen her case based upon the claim that conditions in China had materially worsened with respect to: religious persecution and enforcement of China’s coercive population control program. She also challenged the adverse credibility finding made during her 2002 proceedings and alleged that she was denied an opportunity to seek new legal representation after her counsel withdrew. The Board denied the petition on all claims. The Sixth Circuit reversed, holding that the Board abused its discretion in summarily dismissing certain evidence regarding Zhang’s claims of religious persecution. The court affirmed dismissal of the claim regarding the enforcement of coercive population control because Zhang failed to demonstrate that country conditions in this respect have worsened in her native province.
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