Yu Zhang v. Eric Holder, Jr.
2012 U.S. App. LEXIS 25743
| 6th Cir. | 2012Background
- Zhang, a Chinese national, entered the U.S. without valid travel documents in May 2001 and was ordered removed in 2002, but remained in the U.S.
- She converted to Roman Catholicism, married in the Catholic Church, and has two children.
- In July 2011 she moved to reopen based on changed country conditions in China—religious persecution of Christians (including Catholics) and coercive population-control enforcement in Fujian—and to challenge a prior credibility finding and counsel issues.
- The Board denied the motion to reopen on all claims, applying the 90-day deadline with a change-in-country-conditions exception not clearly satisfied.
- The panel notes the Board’s conflation of changed country conditions with prima facie asylum merit and that the motion targeted both issues.
- The court reverses on the change-in-country-conditions issue and remands for further hearings; it affirms dismissal on coercive population-control grounds and dismisses credibility and sua sponte jurisdiction challenges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the BIA abuse discretion on changed country conditions? | Zhang contends changed conditions exist and were not properly weighed. | Board found no adequate change or improperly conflated with asylum merits. | Reversed on change-in-country-conditions finding; remanded. |
| Did Zhang establish a prima facie asylum/withholding claim after change in conditions? | Evidence of increased religious persecution supports a prima facie case. | Board appropriately evaluated likelihood and found insufficient. | Remand; issue to be reconsidered consistent with change conditions. |
| Were unsworn letters properly evaluated for evidentiary weight? | Letters from Catholics in Fujian should be credited even if unsworn. | Board properly questioned reliability due to lack of notarization. | Abuse of discretion to dismiss solely for lack of notarization; unsworn letters may be credited if otherwise credible; remanded. |
| Should the Board's remaining dismissal on coercive population control, credibility, and sua sponte jurisdiction stand? | Challenged issues were not properly adjudicated; other claims merit review. | Those issues were adequately supported or outside review. | Affirmed as to coercive population-control claim; credibility and sua sponte issues dismissed. |
Key Cases Cited
- Liu v. Holder, 560 F.3d 485 (6th Cir. 2009) (abuse of discretion standard for denial of motion to reopen)
- Zhang v. Mukasey, 543 F.3d 851 (6th Cir. 2008) (abuse of discretion; need rational explanation)
- Liu v. Holder, 560 F.3d 490 (6th Cir. 2009) (changed country conditions requirement citation)
- Matter of S-Y-G, 24 I. & N. Dec. 247 (BIA 2007) (evidence may support asylum claim; affidavits and corroboration)
- In re Casillas, 22 I. & N. Dec. 154 (BIA 1998) (evidence from letters from relatives/friends; credibility gauge)
- Matter of H-L-H & Z-Y-Z, 25 I. & N. Dec. 209 (BIA 2010) (assessment of unsworn letters; credibility considerations)
- Zah v. Mukasey, 547 F.3d 504 (4th Cir. 2008) (unsworn documents may be considered; credibility minors)
- Zavala-Bonilla v. INS, 730 F.2d 562 (9th Cir. 1984) (credit unsworn letters unless falsity shown)
- Zuh v. Mukasey, 547 F.3d 504 (4th Cir. 2008) (unsworn documents may be considered in asylum cases)
- Hor v. Gonzales, 421 F.3d 497 (7th Cir. 2005) (unnotarized coworkers' statements; credibility considerations)
- Linadi v. Gonzales, 167 F. App’x 515 (6th Cir. 2006) (unsworn witness statements; distinction with sworn evidence)