YI ZHANG LIN v. MERRICK B. GARLAND, Attorney General - Articles

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Posted by: Tanja Trezise on Sep 1, 2023

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED and ON BRIEF: Henry Zhang, ZHANG AND ASSOCIATES, P.C., New York, New York, for Petitioner.

Attorneys 2: ARGUED and ON BRIEF: John F. Stanton, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Judge(s): GRIFFIN, STRANCH, and DAVIS, Circuit Judges

Court Appealed: On Petition for Review from the Board of Immigration Appeals

DAVIS, Circuit Judge. Yi Zhang Lin, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA” or “the Board”) final order affirming an immigration judge’s (“IJ”) denial of his requests for asylum, withholding of removal, and protection under Article III of the Convention Against Torture (“CAT”). The question before us is whether the BIA’s determinations are supported by substantial evidence. As will be explained below, the BIA’s rationale does not allow us to make that determination. So we grant Lin’s petition and remand for further proceedings.

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