Our client hired us after his Withholding of Removal Application was denied by the Immigration Judge and Board of Immigration Appeals (BIA). He had not argued for asylum eligibility because he did not file within one year. We took over the case and filed a petition for review with the Eleventh Circuit Court of Appeals. Attorney Scott Bratton filed the briefs and argued the case at the Eleventh Circuit. After considering the arguments, the petition was granted as the Court agreed that our client showed that he was persecuted in the past while in Indonesia because he was Chinese.
Need more analysis
The case was remanded to the Board of Immigration Appeals and then the Immigration Judge for further analysis. Specifically, the Immigration Judge had to decide whether there was a fundamental change in circumstances since the persecution had occurred so long ago and whether our client could safely and reasonably relocate. We filed a detailed written brief and evidence arguing that there was not a fundamental change in circumstances and the relocation was not something that could safely and reasonably be done. We argued that the Immigration Judge should grant withholding of removal. DHS opposed our request. After considering the evidence, the Immigration Judge granted withholding of removal in December 2016. Our client can now stay and work in the United States.
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