Ruqiang Yu v. Holder
693 F.3d 294
| 2d Cir. | 2012Background
- Yu, a PRC citizen, petitions for asylum, withholding, and CAT relief; BIA affirmed IJ denial based on an erroneous standard that opposition to corruption must be endemic rather than political.
- Yu worked seven years as a technician and team leader at a state-run Shanghai airplane factory; he opposed wage theft and observed embezzlement by factory officials.
- He wrote an anonymous letter to the Shanghai Anti-Corruption Bureau about embezzlement, then faced retaliation: police detention, beating, and a coerced sign-minus-recantation, with his family posting a bond for release.
- Yu argues his actions were political, and that authorities imputed a political opinion to him; the IJ found credibility but deemed the corruption aberrational.
- The BIA approved the IJ’s result, but failed to assess Yu’s imputed political opinion and the full political context; the court grants review and remands.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether BIA misapplied the political-opinion standard | Yu argues BIA erred by labeling corruption as aberrational and not considering political op | Yu | BIA erred; remand for proper analysis |
| Whether opposition to corruption at a single workplace can support asylum | Yu contends opposition with broader political context exists despite single workplace | BIA required endemic corruption to support a political opinion | Contextual opposition can support asylum; remand |
| Whether Yu’s imputed political opinion was properly considered | Yu asserted that authorities imputed a political opinion based on his actions | BIA did not address imputed opinion | BIA failed to address imputed political opinion; remand |
Key Cases Cited
- Yueqing Zhang v. Gonzales, 426 F.3d 540 (2d Cir. 2005) (retaliation for opposition to government corruption can constitute persecution on account of political opinion)
- Castro v. Holder, 597 F.3d 93 (2d Cir. 2010) (opposition to endemic corruption may have political dimension transcending self-protection)
- Osorio v. INS, 18 F.3d 1017 (2d Cir. 1994) (determine political opinion by examining political context of the dispute)
- Castro v. Mukasey, 508 F.3d 702 (2d Cir. 2007) (requires analysis of political concerns and imputed opinions)
- Gonzales v. Thomas, 547 U.S. 183 (U.S. 2006) (per curiam discussion on context in asylum determinations)