United States Sixth Circuit

BIA's reversal of IJ's grant of a Chinese citizen's application for asylum and order that the petitioner be removed from the U.S. to China is vacated and remanded where: 1) although petitioner seems to have made the requisite showing that she was a member of a particular social group of women in China who have been subjected to forced marriage and involuntary servitude for asylum purposes, the BIA did not make an explicit finding on the issue, but rather appeared to base its denial of asylum on the fact that petitioner was not targeted in part on account of her gender; and 2) BIA's denial of petitioner's claim for CAT is remanded for consideration of the merits.

Appellate Information

• Decided 08/27/2010
• Published 08/27/2010

Judges

• CLAY

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Jim Li, Emily Anne Radford