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CASE: BIA Appeal
CLIENT: Chinese
LOCATION: Elizabeth, NJ

Our client came to the United States without a valid visa and passport from China. She tried to enter the United States without valid documents, was incarcerated by immigration officers, and detained in Elizabeth, NJ.   Later, she filed for asylum, withholding of removal, and relief under the Convention Against Torture (CAT) before the Immigration Court.  She claimed that she was persecuted back home based on her religious beliefs.

Her individual hearing was conducted on October 17, 2011 at the Elizabeth Immigration Court.  She was represented by her former immigration counsel, and after the hearing, the Immigration Judge denied her applications and had an adverse credibility finding.  She reserved appeal, and her relatives in the United States contacted our office to do her BIA appeal.

Our office was retained on October 27, 2011.  On October 28, 2011, our office filed a Notice to Appeal with the BIA. We then filed a brief in support of our client’s case on December 8, 2011. We argued that the Immigration Judge’s adverse credibility determination was clearly erroneous.  After reviewing the trial transcript, we argued that our client testified in a credible manner and her testimony was largely consistent and plausible, citing specific examples based on the transcript.

On February 24, 2012, the BIA sustained our appeal. The BIA vacated the Immigration Judge’s decision, and remanded our client’s case to the Immigration Court for further fact finding.  The BIA also found that the Immigration Judge’s adverse credibility finding was clearly erroneous because it was based, in large part, on our client’s omission during her testimony.  The BIA requested the Immigration Court to further assess our client’s application for asylum, withholding of removal, and protection under CAT.

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