United States Second Circuit

In removal proceedings against a Chinese national who successfully applied for asylum before an immigration judge (IJ), a petition for review of the BIA's reversal of the IJ is granted and the case remanded, where: 1) the BIA erred in declining to consider an IJ's finding that a future event will occur to be fact-finding subject to review for clear error; although 2) de novo review applied to the ultimate question of whether the applicant sustained her burden to establish that her subjective fear of persecution was objectively reasonable; and 3) it was not error for the BIA to rely on a 2007 State Department country conditions report for China.

Appellate Information

• Decided 03/27/2012
• Published 03/27/2012

Judges

• Jon O. Newman

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Richard Tarzia, Anh-Thu P. Mai-Windle