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Qu v. Holder, 09-3118

By FindLaw Staff on August 27, 2010 | Last updated on March 21, 2019

Qu v. Holder, 09-3118, concerned a challenge to a BIA's reversal of IJ's grant of a Chinese citizen's application for asylum and order that the petitioner be removed from the U.S. to China.  In vacating the decision, the court remanded the matter as, although petitioner seems to have made the requisite showing that she was a member of a particular social group of women in China who have been subjected to forced marriage and involuntary servitude for asylum purposes, the BIA did not make an explicit finding on the issue, but rather appeared to base its denial of asylum on the fact that petitioner was not targeted in part on account of her gender.  Further, BIA's denial of petitioner's claim for CAT is remanded for consideration of the merits.

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