Chen v. Holder, No. 14-2411 (7th Cir. 2015)
Annotate this CaseChen, a Chinese citizen, entered the U.S. in 2005. DHS sought to remove him as “an alien present in the United States without being admitted or paroled,” 8 U.S.C. 1182(a)(6)(A)(i). Conceding removability, Chen has applied for asylum, withholding of removal, and relief under the Convention Against Torture. He argued that Chinese authorities will persecute him for refusing, by having two children, to follow the one‐child policy. He testified that he fled China after he was arrested, detained for six months, and beaten, in his home province of Fujian, when officials found out that his wife was pregnant with their second child. The police released him after his parents paid 480 dollars, on the condition that his wife undergo forced sterilization or they pay a fine of approximately 3,200 dollars to register the son. During the removal proceedings, the case focused on whether Chen actually has two children. The IJ denied relief and the BIA denied a motion to reopen. The Seventh Circuit remanded: the BIA must determine whether Chen’s attorneys incompetently neglect ed to offer evidence and arguments that might have resolved the inconsistencies identified by the IJ and whether the IJ would have ruled against Chen anyway.
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