Not found credible by the Immigration Judge, case remanded by BIA.

The Law Offices of Sabrina Li helps another client with a removal order! 

Our client came to us after her form I-589, applications for asylum, withholding of removal, and relief under the Convention Against Torture were denied. The Judge held that the client had not testified credibly during her merits hearing because she had entered using false information on her visa application. After denying her applications for relief, the immigration judge issued a removal order against her.  

Our client was up against a tight deadline to file an appeal and fight against the decision. The stakes were high in our client’s case as she absolutely could not return to her home country since she was subjected to a forced abortion, forced to pay a fine, was threatened with sterilization, and was fighting against her home country’s one child policy.  

Our team worked diligently to file the appeal in a timely manner. In our appeal we argued that the client felt forced to include false information on her visa application as she was desperate to flee her home country. Thus, we argued that the client’s misrepresentations in obtaining her visa should not be held against her and submitted several precedent cases supporting our position. We also argued that our client had already suffered past persecution and also had a well-founded fear of future persecution due to her fight against her home country’s family planning policy despite the relaxation of the policy now allowing for additional children. 

Our client was ecstatic when the Board of Immigration Appeals (BIA) remanded the case, sending it back to the Immigration Court for further proceedings, and giving our client another chance to present her claim in court.  
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