Cases & Decisions

The following are just a few of the notable decisions handled successfully by the Law Office of Theodore N. Cox. Click the PDF download links for details on each:
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, Tianyong Case: A Chinese citizen sought asylum relief based on a fear of persecution for his activities with a Christian church. The IJ and BIA initially denied Mr. Chen's asylum application; on appeal, the Second Circuit vacated the decisions of the BIA and IJ, finding that they had impermissibly failed to consider evidence that the applicant had been beaten while in China. The Second Circuit remanded proceedings to the immigration court for a new hearing on Mr. Chen's application and warned the immigration court not to place excessive reliance on country condition reports, but instead provide a particularized determination of Mr. Chen's claims for relief.
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