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· 9/6/2013

Yan Zhao v. Eric Holder, Jr.

Citations

  • 728 F.3d 1144
  • 2013 WL 4767353
  • 2013 U.S. App. LEXIS 18590

How courts have described this case

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

  • holding that BIA may not give diminished weight to photocopy because its practice manual instructs parties to submit photocopies
  • holding that BIA may not afford 16 diminished weight to a photocopy because “its own Appeals Practice Manual” 17 instructs parties to submit photocopies
  • recognizing that “[i]n asylum eases involving China’s family planning policy, the BIA ... looks to the ‘alien’s local province, municipality, or other locally-defined area’ ” (internal citation omitted)
  • noting that a petitioner could demonstrate an objectively reasonable fear of persecution by providing evidence of provincial policy or of strict enforcement of that policy in her city or town
  • providing that “the BIA instructs petitioners not to file original documents”
  • finding the BIA erred in requiring a Chinese petitioner to provide evidence of the government policy in her town and noting that “[n]either the BIA nor this court has previously required municipal-level proof when the petitioner presents province-level proof”

Source: CourtListener parenthetical corpus (CC0).

Judges: Barry, Fisher, Raymond, Sidney, Silverman, Thomas

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.