Lin v. Holder, No. 10-3673 (7th Cir. 2011)
Annotate this CasePetitioner left China to seek asylum in the U.S. and claims that family-planning authorities forced her to have an abortion. Her evidence included a letter from her mother, confirming her version of events and documents that she said were issued by the hospital. One was an outpatient medical record stating that the procedure was due to pregnancy without marriage; the other was a disease certificate. An immigration judge denied the application, concluding that, although she credibly testified to having an abortion, she failed to establish that it was involuntary. The BIA affirmed. The Seventh Circuit granted review and remanded, concluding that the agency misread precedent. The agency did not identify other readily- available evidence that might have helped prove the forced nature of her abortion, especially when the IJ found her testimony about her strenuous efforts to avoid the abortion as being credible.
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