Successful Cases Handled by the Law Offices of Theodore N. Cox

Download Charles William Centurion case (2d Cir. 2017)
Download Wei Tao Liu case (11th Cir. 2016)
Download Zhao v. Holder (2d Cir. 2013) "Absent some reasoned explanation appropriate to the particular circumstances, the BIA simply cannot shift its proof requirements. To do so is to subject petitioners to an administrative shell game. Therefore, under the circumstances presented by this case, it was contrary to law and an abuse of discretion for the BIA to require Zhao to provide Duhu Town-specific evidence of local policy and enforcement."- Zhao v. Holder, Sept. 6, 2013. 
Download Nwozuzu v. Holder (2d Cir. 2013) The Second Circuit ruled that our client became an automatic American when his parents became U.S. citizens even though our client did not have a green card marking him a “permanent resident”. The appeals court judges decided that Congress, when they wrote the 1993 law, only intended that kids must be living in the U.S. with citizen parents to get this benefit. 
Download Qiu Yun Chen v. Holder, No. 12-2563, --F.3d-- (7th Cir. 2013) In this precedential decision, the Seventh Circuit reviewed a case involving a woman from Fujian Province who feared persecution on account of having two children in the U.S. in violation of China’s family planning policy. The BIA upheld an Immigration Judge’s decision to deny her application for relief, but the Seventh Circuit vacated this decision, finding that the BIA committed numerous errors, including disregarding material evidence.
Download Jian Le Lin v. U.S. Att’y Gen., 681 F.3d 1236 (11th Cir. 2012) In this precedential decision, the Eleventh Circuit held that the departure bar impermissibly undercuts an applicant’s right to file a motion to reopen proceedings, and so remanded proceedings to the BIA for consideration of our client’s motion to reopen proceedings for asylum.
Download In re L-A-Z- (BIA 2012) Although asylum applicants generally must file within one year of coming to the U.S., the BIA held that an applicant’s pregnancy with her second child qualified as an exception to the one-year deadline, and so remanded proceedings to the immigration court to determine whether our client demonstrated eligibility for asylum based on a fear of persecution for violating China’s one-child policy and having an unwanted IUD insertion.
Download Mei Fun Wong v. Holder, 633 F.3d 64 (2d Cir. 2011) In this precedential decision, the Second Circuit vacated the denial of asylum to a victim of a forcible IUD insertion. The Court remanded the case to the BIA for it to clarify standards used for determining when an unwanted IUD insertion constitutes persecution.
Download In re L-R-E- (BIA 2011) The BIA reversed an IJ’s adverse credibility finding, and remanded proceedings to determine whether a Venezuelan national had demonstrated a fear of persecution based on his political opinion and opposition to President Hugo Chavez.
Download In re L-R-P- (BIA 2011) A lawful permanent resident from Argentine sought a 212(c) waiver for a decades-old conviction for first-degree manslaughter. An Immigration Judge denied the waiver, but on appeal, the BIA found that our client demonstrated genuine rehabilitation and was deserving of the waiver of inadmissibility.
Download Fei Mei Cheng v. Holder, 623 F.3d 175 (3d Cir. 2010) In this precedential decision, the Third Circuit found that the victim of a forcible IUD insertion demonstrated she was persecuted on account of her resistance to China’s population control policy.
Download Mohamed Trawally v. Holder, 396 F. App’x 346 (9th Cir. 2010) The Ninth Circuit held that the BIA abused its discretion in denying a Sierra Leonean’s request for humanitarian asylum relief.
Download In re S-G- (BIA 2010) The BIA found that our client suffered past persecution, including being arrested, interrogated , physically abused, fired from his job, and accused of treason, based on is support of the Tibetan independence movement.
Download In re W-W-H- (BIA 2009) The BIA vacated an Immigration Judge’s adverse credibility finding, and remanded proceedings to determine whether our client was eligible for asylum based on his Falun Gong beliefs and practices.
Download In re C-D-M- (BIA 2009) The BIA held that our client, a Chinese national, suffered economic persecution based on his resistance to China’s family planning policy and so was eligible for asylum relief. The Board found that the harms our client suffered, including property damage and theft, job termination, and degraded standard of living constituted severe economic disadvantage.
Download Jian Lian Guo v. Ashcroft, 386 F.3d 556 (3d Cir. 2004) In this precedential decision, our client sought reopening of her asylum case after she became pregnant with her second child, and feared persecution in China on account of its one-child policy. The BIA denied our client’s motion to reopen, noting that she was found not credible by the IJ. The Third Circuit remanded the case, finding that the BIA erred in failing to explain how the adverse credibility finding bore any relation to our client’s pregnancy and her current fear of persecution.
Download Tian-Yong Chen v. INS, 359 F.3d 121 (2d Cir. 2003) In this precedential decision, the Second Circuit found that the BIA and IJ overlooked significant evidence in assessing our client’s case, and so remanded proceedings so that the IJ could reconsider our client’s application for asylum based on her Christian beliefs and practices.
Download Hiu Lui Ng's Case: Hiu Lui Ng, a 34-year-old computer engineer, was swept into the immigration detention system in July 2007. His wife, Linn, a naturalized United States citizen who had petitioned for him to receive a green card, was left to care for their two American-born sons alone.
View Online Zhenxing Jiang Case: It was a case that galvanized protests in Chinese-American communities around the United States last year and drew international attention: the pregnant Chinese woman who miscarried twins soon after she was taken by federal immigration officers from Philadelphia to New York to be deported.
Download CHEN, Zuqiang case: An asylum applicant successfully reopened his asylum proceedings based on his involvement with the Zhong Gong movement. The applicant originally had submitted an asylum application based on violations of China's family planning policies, but was denied relief. However, he later became involved in the Zhong Gong movement which was banned in China. Based on these new circumstances, our firm filed a motion to reopen proceedings, which was granted by the BIA. The BIA found that Mr. Chen had successfully demonstrated prima facie eligibility for asylum relief, and so ordered a new hearing before the IJ.
Download FONG, Meiying case: The District Court for the Southern District of New York granted the habeas corpus petition of Ms. Fong, and ordered that she be returned to the U.S. A travel agency had initially filed an asylum application without Ms. Fong's knowledge, which eventually resulted in an order of removal of which she was unaware. Ms. Fong was arrested by the government while pursuing an adjustment of status application, and deported in less than 72 hours. The District Court found that (1) Ms. Fong was illegally removed; (2) the Court's order staying removal had been violated; and (3) Ms. Fong did not receive adequate notice of her removal proceedings, in violation of her due process rights. As a result, the District Court granted Ms. Fong's habeas petition and ordered her returned to the United States.
Download Nikprelevic case: A Yugoslavian national sought adjustment of status based on an approved relative petition. The INS denied Mr. Nikprelevic's adjustment application, and he sought review of that denial with the District Court of Connecticut. While the District Court declined to review the merits of Mr. Nikprelevic's adjustment application, it found that the INS failed in its duty to consider Mr. Nikprelevic's application since it gave no reason for terminating his application. Accordingly, the Court remanded the case so that a complete and documented adjudication of his adjustment application could be made.
Download TANG, Yong case: need to re-scan decision — some pages are upsidedown]: An activist with the pro-democracy movement in China sought review of the IJ and BIA's denial of his application for asylum. Mr. Tang suffered arrests, and a brutal beating as a result of his pro-democracy activities in China. However, the IJ and BIA found Mr. Chen incredible, and denied his asylum application. On appeal, the Third Circuit vacated the agency's decision, holding that the adverse credibility was based on impermissible speculation and overreaching assumptions. The Court deemed Mr. Chen credible, and remanded proceedings to the immigration court for consideration of Mr. Chen's asylum application.
Download WU, Bin case: Mr. Wu sought protection under the Convention Against Torture based on a fear that he would be arrested for espionage and tortured on account of his cooperation with the FBI against the Chinese Ministry of State Security, including providing the FBI with names of Chinese spies. Although the IJ denied relief, on appeal, the Board of Immigration Appeals found that Mr. Wu had met his burden of proving it was more likely than not that he would be tortured if returned to China and so granted his application for withholding of removal.
Download ZHANG, Qing case: Ms. Zhang successfully reopened her immigration proceedings based on a fear of persecution for violating China's family planning policy by being pregnant with a second, U.S.-born child. Ms. Zheng was initially denied asylum based on her activities with the pro-democracy movement in China. However, Ms. Zheng later gave birth to one child in the U.S., and after she became pregnant with her second child, she sought reopening based on her violation of China's one child policy. The BIA granted Ms. Zhang's motion, and ordered a new hearing before the IJ based on her new asylum request.
Download ZHANG, Hongbao Case: Zhang, Hongbao is the founder of the "Zhong Gong" spiritual and social movement in China which, prior to government supression, had more than 37 million registered members. Mr. Zhang had fled first to Thailand, and then to Guam, where he was detained by US immigration authorities. His clearly well-founded asylum case was denied by the immigration judge, who was unable to articulate a coherent view of the bogus documents sent by the Chinese government to the US State Department, containing numerous allegations of sexual misconduct and rape. The Board rejected these bogus documents and granted asylum. Mr. Cox also traveled to Guam as co-counsel, with California attorney Robert Shapiro, in a habeas action which resulted in Mr. Zhang's release from detention prior to the Board decision granting asylum.
Download LIN, Liyu Case: Mr. Lin sought asylum and withholding of deportation based on his prominent involvement with the pro-democracy movement in China. His activism included joining in a protest where the marchers attempted to occupy a government building. The Chinese government issued a subpoena to interrogate Mr. Lin, but he fled authorities. The IJ and BIA denied Mr. Lin's applications, reasoning that the Chinese government only wanted to enforce its laws against trespass in issuing the subpoena, and that Mr. Lin did not have a well-founded fear of persecution. The Third Circuit reversed the decision, finding that the BIA impermissibly speculated that the subpoena was issued for the purposes of trespass, particularly when nothing in the record supported the fact that the government was aware that Mr. Lin trespassed, and that the subpoena was issued just six days after the Tiananmen Square massacre. The Court found that Mr. Lin was eligible for both asylum and withholding of removal, and remanded the case for further proceedings.
Download GUO, Jianlian Case
Download Yassir Case: The Third Circuit rejected the government's argument that uncertainties about the identity of a Palenstinian justified indefinite detention. Salim Yassir fled a refugee camp in Libya and arrived in the US without documents aboard a freighter. Salim had no connection to any political groups whatsoever, and had left the Gaza strip with his family at the age of ten. ICE detained him for four years, and even attempted to dump him back on a freighter owned by the same shipping company in order to get rid of him. He was subjected to intensive FBI interviews countless times, sadistically treated by guards at the Elizabeth detention facility. The FBI reported no evidence of any nefarious ties, yet ICE refused to release him. He was finally released to Christ House in the Bronx on an ankle bracelet and is still subject to close supervision. Once when the ankle bracelet failed to register his location (Salim was in a subway), ten FBI agents were scrambled to locate him.
Download YU ZHOU Habeas Decision: Judge Kosik in the U.S. District Court for the Middle District of Pennsylvania ordered the release of YU ZHOU, who has a final order of removal, but who could not be deported, because his country of nationality, China, refused to accept him. The release was based on the Constitutional prohibition of indefinite detention (under the Zadvydas decision).
Download Seventh Circuit Victory: the 7th Circuit reversed the decision of the BIA in a case involving a Coptic Christian from Egypt. The BIA had found him credible, but denied for lack of documentary corroboration. The Court said that the State Department report corroborated the claim and that it could not be denied due to lack of translation of certain documents. Note: The REAL ID Act, not applicable to older cases like this one, will mandate a documentary corroboration requirement. I argued this case in Chicago last June.
Download OU, Xianle case