From Casetext: Smarter Legal Research

Feng Chai Yang v. U.S. Attorney General

United States Court of Appeals, Eleventh Circuit
Apr 17, 2008
283 F. App'x 684 (11th Cir. 2008)

Summary

vacating and remanding case to BIA "with directions that it clarify its internal inconsistencies"

Summary of this case from Garcia v. U.S. Attorney Gen.

Opinion

No. 06-15843.

April 17, 2008.

Marco Pignone, III, Getson Schatz, P.C., Philadelphia, PA, for Petitioner.

David M. McConnell, David V. Bernal, Regina Byrd, Emily Anne Radford, Stacy S. Paddack, Christopher P. McGreal, Washington, DC, Michelle Ressler, Miami, FL, for Respondent.

Petition for Review of a Decision of the Board of Immigration Appeals. BIA No. A74-855-742.

Before EDMONDSON, Chief Judge, DUBINA, Circuit Judge, and STORY, District Judge.

Honorable Richard W. Story, United States District Judge for the Northern District of Georgia, sitting by designation.


Petitioner, Feng Chai Yang ("Yang"), seeks review of the Board of Immigration Appeals' ("BIA") decision after remand by this court for the BIA to answer the question of whether specified actions qualified as "other resistance to a coercive population control program" under Immigration and Nationality Act § 101(a)(42)(B), 8 U.S.C. § 1101(a)(42)(B). Because we conclude from the record that the BIA's decision is unreviewable due to internal inconsistencies, we vacate the BIA's decision and remand this case for further proceedings.

Yang, a native and citizen of China, filed an application for asylum, asserting that she had been persecuted for resisting China's population-control policies. Yang asserts that the Chinese government forced her to have two intrauterine devices inserted and to undergo experimental sterilization procedures.

The BIA concluded that while some of Yang's actions may have constituted "other resistance," she was not "persecuted" for those acts. However, there is an internal inconsistency in the BIA's decision. The BIA first construed the "other resistance" clause of INA § 101(a)(42)(B), 8 U.S.C. § 1101(a)(42)(B), as having an implied requirement that "other resistence" be "on account of a population control program. Yet, later in its opinion, the BIA agreed with Yang that her removal of the govern-mentally imposed intrauterine device, "regardless of her motives for doing so," constitutes "other resistance." This internal inconsistency in the BIA's decision renders its two conflicting interpretations of the statute logically impermissible and prevents this court from reviewing the reasonableness of a single interpretation.

Accordingly, we vacate the BIA's decision and remand this case to the BIA with directions that it clarify its internal inconsistencies.

VACATED and REMANDED.


Summaries of

Feng Chai Yang v. U.S. Attorney General

United States Court of Appeals, Eleventh Circuit
Apr 17, 2008
283 F. App'x 684 (11th Cir. 2008)

vacating and remanding case to BIA "with directions that it clarify its internal inconsistencies"

Summary of this case from Garcia v. U.S. Attorney Gen.
Case details for

Feng Chai Yang v. U.S. Attorney General

Case Details

Full title:FENG CHAI YANG, Petitioner, v. U.S. ATTORNEY GENERAL, Respondent

Court:United States Court of Appeals, Eleventh Circuit

Date published: Apr 17, 2008

Citations

283 F. App'x 684 (11th Cir. 2008)

Citing Cases

Garcia v. U.S. Attorney Gen.

We have remanded to the BIA in similar circumstances before. See Cueva v. U.S. Att'y Gen., 454 F. App'x 806,…