CASE: 2nd Circuit Appeal / Asylum / Christianity – Religion
CLIENT: Chinese
LOCATION: Virginia
Our client came to the United States without a valid visa and passport from China in 1996. In 2006, our client filed an asylum application based on the fact that he has two children. This application was referred to the New York Immigration Court. In April 2007, the New York Immigration Court granted our client’s asylum application. The government appealed and in August 2008, the Board of Immigration Appeals (BIA) reversed the Immigration Court’s decision. In 2009, our client filed an amended application so that he can pursue his claim based on religion – that he was baptized subsequent to the Board’s decision. Unfortunately, in October 2009, the Immigration Judge denied the asylum application, withholding of removal, and protection under the Convention Against Torture claims. Our client filed an appeal immediately, but the BIA dismissed the appeal. The BIA found that the time limitation barred our client’s asylum application.
In November 2011, our client contacted our office for her Second Circuit Appeal. Our office determined that our client has a good chance for winning an appeal with the Second Cicuit. Our client retained our office on November 30, 2011 for his appeal to the federal Second Circuit Court. On April 13, 2012, our office filed a brief to the Second Circuit stating that the Board of Immigration Appeals abused its discretion when they denied our client’s asylum application. Specifically, we argued that although the asylum was filed outside the one year period, the time limitation does not bar our client’s asylum application due to the fact that he became a Christian less than a year before he filed his second asylum claim. On July 12, 2012, the Second Circuit Court remanded our client’s case to the BIA for further consideration of our client’s previous asylum claim.
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