United States Seventh Circuit

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Chen v. Holder, 08-2836

A Chinese national and citizen's petition for review of the BIA's affirmance of Immigration Judge's denial of his application for asylum and related relief, claiming that he has been or will be persecuted because of his family's resistance to China's one-child policy and his membership in social groups that include his family and the hei haizi (i.e., someone born in violation of China's one-child policy), is granted and the matter remanded where: 1) the agency's analysis of petitioner's asylum claim was incomplete as the BIA failed to address his claim of past persecution based on imputed political opinion as, although his mother's forcible sterilization does not automatically entitle him to a finding of past persecution, it may in combination with other evidence show that his family's resistance to China's population-control policy has been imputed to him; and 2) the BIA failed to consider the cumulative significance of the hardships visited upon petitioner and his family, and the future hardships he would face if returned, when evaluating his fear of future persecution.

Appellate Information

  • Argued 02/24/2009
  • Decided 04/28/2010
  • Published 04/28/2010

Judges

  • SYKES, Circuit Judge., Before ROVNER, WOOD, and SYKES, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Livia M. Kiser, Latham & Watkins LLP, Chicago, IL, for Petitioner.

  • For Appellees:
  • Karen Y. Stewart, Michael C. Heyse, Department of Justice, Washington, DC, for Respondent.