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· 5/22/2009

Xue Xian Jiang v. U.S. Attorney General

Citations

  • 568 F.3d 1252
  • 2009 U.S. App. LEXIS 10981
  • 2009 WL 1423343

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the BIA clearly abused its discretion by overlooking or “inexplicably discounting]” evidence of “the recent increased enforcement of the one-child policy” in the petitioner’s province and hometown
  • concluding that the BIA had overlooked or inexplicably discounted two affidavits and two Country Reports that the petitioner had provided in support of her motion to reopen based on changed country conditions in China
  • noting that changed personal circumstances do not meet the standard for a motion to reopen
  • noting that changed personal circumstances do not meet the standard for a petition to reopen
  • noting that the BIA overlooked or inexplicably discounted evidence in adjudicating a petitioner’s motion to reopen
  • noting that, while changed personal circumstances do not meet the standard for a petition to reopen, the petitioner had established changed country conditions because China had recently increased enforcement of the one-child policy in the area where she was from

Source: CourtListener parenthetical corpus (CC0).

Judges: Marcus, Pryor, Schlesinger

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.