CA2 Slaps BIA Once more: Tian v. Bondi

0
7
CA2 Slaps BIA Again: Tian v. Bondi

Tian v. Bondi

“Petitioner Shuqiang Tian (“Tian”), a local and citizen of the Individuals’s Republic of China (“China”), seeks evaluation of a January 6, 2022, determination of the Board of Immigration Appeals (the “Board” or “BIA”), affirming and adopting an April 19, 2019, order of an Immigration Choose (“IJ”) denying Tian’s claims for asylum, withholding of removing, and safety below the laws implementing the Conference Towards Torture (“CAT”). The IJ and BIA (collectively, the “company”) denied Tian’s claims for asylum and statutory withholding of removing as a result of Tian failed to point out that the hurt he suffered or feared was due to his political opinion. As for the CAT declare, the company summarily concluded that the proof didn’t set up that it’s extra probably than not that Tian could be tortured with the acquiescence of the federal government if eliminated to China. We GRANT the petition, VACATE the choice of the BIA, and REMAND the case for reconsideration of Tian’s claims as a result of the company failed to contemplate materials proof bearing on Tian’s claims for asylum and withholding of removing and didn’t state significant causes for its denial of Tian’s CAT declare.”

[Hats off to Troy Nader Moslemi!]