Li Chao Shi v. U.S. Attorney General

Case: 17-10940 Date Filed: 03/15/2018 Page: 1 of 11 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 17-10940 Non-Argument Calendar ________________________ Agency No. A206-445-911 LI CHAO SHI, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (March 15, 2018) Before TJOFLAT, MARTIN, and FAY, Circuit Judges. PER CURIAM: Case: 17-10940 Date Filed: 03/15/2018 Page: 2 of 11 Li Chao Shi, a native and citizen of the People’s Republic of China, seeks review of the final order of the Board of Immigration Appeals (“BIA”) affirming the denial by the Immigration Judge (“IJ”) of his application for asylum and withholding of removal under the Immigration and Nationality Act (“INA”). The BIA assumed Shi had suffered past persecution because of his participation in an underground Christian church, but concluded that the government had rebutted the presumption that he had a well-founded fear of future persecution by proving that it was both possible and reasonable for Shi to relocate within China to avoid persecution. On appeal, Shi argues that the government did not meet its burden of establishing that he could safely and reasonably relocate in China. After careful review, we grant Shi’s petition and remand for further proceedings. I. Shi is a native and citizen of China. He was born in Changle City, Fujian Province, China and lived there until 2014. Shi testified that he began attending an underground Christian church at his uncle’s house on December 1, 2013. On December 16, 2013, police officers raided a religious gathering at his uncle’s house arrested Shi. The police said someone had reported that the group was participating in an “evil cult gathering.” The officers confiscated their Bibles and cross, handcuffed them, and took them to the police station. At the station, officers interrogated and beat Shi. Officers punched his chest, stomach, and shoulders, 2 Case: 17-10940 Date Filed: 03/15/2018 Page: 3 of 11 slapped his face, and kicked his back. The officers told him to admit that he was part of a cult, and when he would not, they beat him again. During one beating, the police hit him with batons. Experiencing significant stomach pain, he asked the police for medicine, but the police told him “you better ask God to give you the medicine.” The officers told Shi they would not release him unless he signed a guarantee letter promising not to participate in the underground church again. Eventually, Shi signed the letter. He was detained from December 16 to December 23. Shi reported that he had bruises over his entire body from the beatings. However, he did not seek medical treatment because he didn’t have money to see a doctor, and the hospital was too far away from his home. After his release, Shi returned to the underground church. On January 10, 2014, Shi went to a park with other members to hand out flyers on the Gospel of Matthew. Police officers saw ...

Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals