Li v. Sessions
677 F. App'x 11
| 2d Cir. | 2017Background
- Dianhua Li, a Chinese national, appealed the BIA’s affirmance of an IJ’s denial of asylum, withholding of removal, and CAT relief after he alleged police beat him when he tried to prevent his wife’s forced abortion.
- Li testified he was arrested and beaten by family planning or police officials; injuries included muscle contusions and swelling requiring two weeks’ rest.
- The IJ denied relief; the BIA affirmed, relying on precedent distinguishing violence not linked to detention from violence occurring during detention.
- The central factual dispute: whether Li’s beating occurred in the context of an arrest/detention on account of resistance to China’s family‑planning policy.
- The Second Circuit granted review, vacated the BIA decision, and remanded for the agency to reconsider Li’s claim in light of Beskovic v. Gonzales.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Li showed past persecution based on his own "other resistance" to family‑planning policy | Li argued he resisted his wife’s forced abortion, was arrested/detained, and beaten by officials—constituting persecution | Respondent argued the facts were like cases finding no persecution where beatings were not tied to detention or arrest for protected conduct | Court vacated and remanded: agency must reassess whether beating during arrest/detention rises to persecution under Beskovic |
| Whether agency properly applied precedent in denying relief | Li argued BIA failed to apply Beskovic’s principle that abuse during detention for protected grounds can constitute persecution | Government relied on Jian Qiu Liu and Ai Feng Yuan as controlling and dispositive | Court found the cited precedents distinguishable and directed the agency to consider Li’s claim under Beskovic |
Key Cases Cited
- Shi Liang Lin v. U.S. Dep’t of Justice, 494 F.3d 296 (2d Cir. 2007) (defendant cannot rely solely on spouse's forced abortion; petitioner must show his own resistance and harm)
- Beskovic v. Gonzales, 467 F.3d 223 (2d Cir. 2006) (abuse during detention on account of protected ground may rise to persecution)
- Jian Qiu Liu v. Holder, 632 F.3d 820 (2d Cir. 2011) (distinguishable where no evidence beating occurred during detention or with intent to arrest)
- Ai Feng Yuan v. U.S. Dep’t of Justice, 416 F.3d 192 (2d Cir. 2005) (noted as distinguishable where beatings did not occur while detained)