Wednesday, January 18th, 2017

CA7 (Posner) on Asylum, China, Forced Sterilization: Chen v. Holder

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"We complained in Zheng v. Holder, 666 F.3d 1064, 1068 (7th Cir. 2012), about the Board’s insouciant attitude toward evidence of forced sterilization in Fujian, an attitude illustrated by the Board’s opinion in this case. ... The Justice Department’s brief in this court is even more egregiously selective in its quotations from the May 2007 report, illustrating the frequently obstinate manner in which the Department defends the Board’s rulings in asylum cases, see, e.g., Smykiene v. Holder, 707 F.3d 785, 790 (7th Cir. 2013); Lam v. Holder, 698 F.3d 529, 534-36 (7th Cir. 2012); Pasha v. Gonzales, 433 F.3d 530, 537 (7th Cir. 2005), as by repeatedly flouting the Chenery doctrine; see the following cases cited in Smykiene: Sarhan v. Holder, 658 F.3d 649, 661 (7th Cir. 2011); Atunnise v. Mukasey, 523 F.3d 830, 838 (7th Cir. 2008); Comollari v. Ashcroft, 378 F.3d 694, 696 (7th Cir. 2004); Carpio v. Holder, 592 F.3d 1091, 1096 (10th Cir. 2010). ... The Board