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Second Circuit – Asylum: Shuqiang Tian v. Bondi
Daily Record Staff//April 11, 2025//
United States Court of Appeals for the Second Circuit
Asylum — Prosecution and protest of government action
22-6053
Judges Calabresi, Merriam, and Rakoff
Background: The petitioner sought review of an order denying his claims for asylum, withholding of removal, and protection under the regulations implementing the Convention Against Torture.
Ruling: The Second Circuit granted the petition and vacated the decision. The court held that the agency failed to consider material evidence bearing on the petitioner’s claims for asylum and withholding of removal. The court noted the context of the petitioner’s protests against China’s demolition policy and the government’s retaliation for that expression speech through prosecution.
Troy Nader Moslemi for the petitioner; Brian Boynton and Scott M. Marconda, of the Department of Justice, for the respondent.
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