United States Eleventh Circuit
Li v. U.S. Attorney Gen., 06-15148
Denial of motion to reopen removal proceedings is vacated as the BIA abused its discretion when it refused to reopen petitioner's removal proceedings after she established a prima facie case of eligibility for withholding of removal, with evidence showing that the Chinese government considers foreign-born children of Chinese nationals equivalent to children born in China for purposes of the one-child policy by sterilization.
Appellate Information
- Decided 06/18/2007
- Published 06/18/2007
Judges
- PER CURIAM:, Before ANDERSON, BARKETT and PRYOR, Circuit Judges.
Court
- United States Eleventh Circuit
Counsel
- For Appellant:
- Gary J. Yerman, Yerman & Associates, New York City, for Li.
- For Appellees:
- Kathleen M. Salyer, Sally M. Richardson, Anne R. Schultz, Miami, FL, David V. Bernal, Margaret K. Taylor, U.S. Dept. of Justice, OIL, Civ. Div., Washington, DC, for Respondent.