Wednesday, January 18th, 2017

CA7 on ‘Reasoned Explanation’ – Ni v. Holder

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"The courts of appeals have received scores of strikingly similar petitions for review involving Fujian Province in recent years, and we have regularly upheld the BIA’s refusal to grant relief in such proceedings. Routine can be numbing, however, and it can lead to errors. Here, in evaluating Ni’s motion to reopen, the BIA failed meaningfully to address documents bolstering Ni’s assertion that conditions in China have changed for the worse. Ni’s evidence indicates that family planning officials in and around his hometown recently launched a crackdown on those who flout the “one-child policy.” This oversight is particularly worrisome in light of the BIA’s frequent admonitions that such localityspecific evidence of coercive enforcement measures is necessary for asylum claims predicated on China’s population control policies. Because the BIA failed “to announce its decision in terms sufficient to enable a reviewing court to perceive