Monday, September 28, 2009

Yan (not precedential): BIA Erred By Not Considering Asylum Evidence Of Political Activites In The US

Yan v. Holder
September 25, 2009
Not Precedential

Judges Sloviter, Stapleton, and Cowen. Per Curiam.

Overturning BIA and IJ Eugene Pugliese.

Someone can seek asylum based on political activities in the United States. For example, the home country's government may be aware of the person's activities and seek to persecute them on account of their political opinion, even though the person mainly expressed those opinions while in the United States. In this case, IJ Pugliese and the BIA did not seem to consider the danger the man might face in China due to their persecution of people with political opinions similar to what he expressed while he was in the United States and which he can try to prove the Chinese government is aware of.


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