Qiao Ling Lin v. Holder

441 F. App'x 390
CourtCourt of Appeals for the Seventh Circuit
DecidedOctober 17, 2011
DocketNo. 11-1082
StatusPublished
Cited by5 cases

This text of 441 F. App'x 390 (Qiao Ling Lin v. Holder) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Qiao Ling Lin v. Holder, 441 F. App'x 390 (7th Cir. 2011).

Opinion

ORDER

Qiao Ling Lin, a citizen of China, petitions for review of a decision of the Board of Immigration Appeals denying her motion to reopen her asylum proceedings as untimely. Lin contends that the Board abused its discretion by ignoring and discounting evidence she submitted of changed country conditions that would excuse the otherwise untimely filing of her motion. Although the Board failed to address some of her evidence and discounted evidence that arguably deserved more weight, its decision was not an abuse of discretion. The Board demonstrated that it was aware of all of her evidence, and it reasonably concluded that this evidence did not show changed country conditions that warrant reopening. We deny the petition for review.

Lin entered the United States at Chicago in 2003 using a Japanese passport in someone else’s name. She was detained and immediately requested asylum. She [392]*392said that authorities in her native Fujian Province had persecuted her for practicing Christianity. At a hearing in late December 2003, the immigration judge gave Lin two weeks to file a completed asylum application. She apparently did not do so, and the IJ informed her at a hearing that he considered her request for asylum abandoned and withdrawn.

Lin appealed to the Board. Her attorney asserted without support that he had filed Lin’s completed application. The Board, however, found no evidence that any application had been submitted and upheld the IJ’s decision. For reasons not apparent in the record, Lin was then released from DHS custody. Lin has since given birth to two children.

In 2010, Lin moved to reopen her asylum proceedings on the ground that conditions in China had materially changed. She argued that persecution of Christians had increased and that enforcement of China’s family-planning policy had become more stringent and coercive, particularly in Fujian. She feared that if returned to China she would be forcibly sterilized for having two children and would be persecuted for her religious affiliation.

In support of her motion to reopen, Lin submitted more than 1000 pages of previously unavailable evidence. This evidence includes (1) an expert report from Dr. Flora Sapio, a lecturer from the Centre of Advanced Studies on Contemporary China at the Julius-Maximilians University, criticizing the State Department’s 2007 Profile of Asylum Claims and Country Conditions for downplaying the coerciveness of China’s family-planning policy; (2) the 2008 and 2009 reports of the Congressional-Executive Commission on China (CECC),

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Bluebook (online)
441 F. App'x 390, Counsel Stack Legal Research, https://law.counselstack.com/opinion/qiao-ling-lin-v-holder-ca7-2011.