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Media Alerts - Chen v. Holder - Fourth Circuit
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October 9, 2014
  Chen v. Holder - Fourth Circuit
Headline: Fourth Circuit Remands After Determining the Immigration Court Cannot Hand-Pick Credibility Findings

Area of Law: Immigration Law

Issue Presented: Whether the Board of Immigration Appeals appropriately affirmed the Immigration Judge's denial of the petitioner's asylum petition on adverse credibility grounds.

Brief Summary: Chinese National Pin Zuang Chen sought asylum in the United States on the ground of religious persecution. An Immigration Judge (IJ) denied Chen's asylum application. In particular, the IJ found that Chen was not credible because several facts regarding his alleged persecution were implausible. Chen appealed to the Board of Immigration Appeals (BIA). The BIA dismissed the appeal on the grounds that the IJ's decision was not clearly erroneous. Chen then appealed to the United States Court of Appeals for the Fourth Circuit.

The Fourth Circuit concluded that the IJ's decision was speculative and unsupported by substantial evidence. The court therefore vacated the BIA's order and remanded for further proceedings.

To read the full opinion, please click here.

Panel: Judges King, Thacker, and Hamilton

Date of Issued Opinion: 09/10/2014

Docket Number: No. 14-1080

Decided: Vacated and remanded

Case Alert Author: Katherine C. Parris

Counsel: Troy Nader Moslemi, MOSLEMI & ASSOCIATES, New York, New York, for Petitioner. Stuart F. Delery, Assistant Attorney General, Linda S. Wernery, Assistant Director, Susan Bennett Green, Office of Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Author of Opinion: Per curiam

Case Alert Circuit Supervisor: Professor Renée Hutchins

    Posted By: Renee Hutchins @ 10/09/2014 10:36 AM     4th Circuit  

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