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Li Chao Shi v. AG

Facts

Li Chao Shi, a native and citizen of China, began attending an underground Christian church in 2013. He was arrested and beaten by police during a raid on a religious gathering, and after his release, he continued to face persecution for his religious activities. Following a second arrest, he left China and sought asylum in the United States, where he filed an application for asylum and withholding of removal, which was denied by the Immigration Judge (IJ) and subsequently by the BIA.

Li Chao Shi, a native and citizen of China, began attending an underground Christian church in 2013.

Issue

Did the BIA err in concluding that Shi could reasonably relocate within China to avoid future persecution?

Did the BIA err in concluding that Shi could reasonably relocate within China to avoid future persecution?

Rule

The government must show by a preponderance of the evidence that the applicant could avoid future persecution by relocating to another part of their country, and that it would be reasonable to expect the applicant to do so.

The government must show by a preponderance of the evidence that the applicant could avoid future persecution by relocating to another part of their country, and that it would be reasonable to expect the applicant to do so.

Analysis

The court found that the BIA's conclusion that Shi could reasonably relocate within China was not supported by substantial evidence. The evidence presented by the government indicated that while some unregistered Christian groups were tolerated in urban areas, they were only allowed to operate under strict conditions that Shi's religious practice could not meet. Furthermore, the BIA failed to provide evidence that Shi could safely practice his religion elsewhere in China.

The court found that the BIA's conclusion that Shi could reasonably relocate within China was not supported by substantial evidence.

Conclusion

The Eleventh Circuit granted Shi's petition for review and remanded the case for further proceedings, concluding that the BIA's finding regarding Shi's ability to relocate was not supported by the evidence.

The Eleventh Circuit granted Shi's petition for review and remanded the case for further proceedings.

Who won?

Li Chao Shi prevailed in the case because the court found that the BIA's decision was not supported by substantial evidence regarding his ability to safely relocate within China.

Li Chao Shi prevailed in the case because the court found that the BIA's decision was not supported by substantial evidence regarding his ability to safely relocate within China.

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