Tie Xia Chen v. Holder
782 F.3d 373 (7th Cir. 2015)
Seventh Circuit Court of Appeals/h4>
On April 1, 2015, the Seventh Circuit Court of Appeals rendered a favorable decision on a Petition for Review for a Chinese citizen, represented by James C. Ten Broeck Jr. of Chicago Immigration Advocates Law Offices, whose claim of asylum was denied by the lower Immigration courts.
Chicago Immigration Advocates Law Offices, through Attorney James C. Ten Broeck Jr., was retained after Mr. Chen lost his case before both the Immigration Court and Board of Immigration Appeals. Mr. Ten Broeck filed a Motion to Reopen before the Board of Immigration Appeals asserting that numerous errors were committed by previous counsel which were relied upon by the Immigration Court to enter an order of removal against Mr. Chen. More specifically, Mr. Ten Broeck recounted that his previous attorneys (1) mistranslated important documents, (2) his attorney twice misadvised him to get a unauthentic birth certificate for the second child, and (3) his attorney inappropriately supplied a Spanish translation of his own birth certificate without adequate explanation, among other errors relied upon by the Immigration Court to deny Mr. Chen’s asylum claim.
The Seventh Circuit agreed, saying:
"The Board never evaluated Chen's argument that, but for his attorneys' failure to resolve the inconsistencies cited by the IJ, she would not have required corroboration or would have found the corroboration (beyond the birth certificates) sufficient. For example, “the most significant inconsistency,” according to the IJ, was that Chen asserted in his written application for asylum that his wife had been sterilized but testified that she was only threatened with sterilization. But in his motion Chen offered evidence that Ming had the application mistranslated and that attorney Zhang, who spoke Mandarin, carelessly left it mistranslated. Chen's motion also goes through every other supposed inconsistency or deficiency—the Spanish translation of his birth certificate, meeting Meredith, his daughter's age, his reasons for coming to the United States, and document authentication—and offers the resolution that his attorneys neglected to furnish. The Board addresses none of this evidence or its possible effect on the IJ's decision."
Chicago Immigration Advocates Law Offices continues to demonstrate, through the efforts of Mr. Ten Broeck, that no matter how grim things might look for your case, if any lawyers are going to win your case, it will be Chicago Immigration Advocates Law Offices.