Federal appeals court vacates previous decision that could have set new precedent for sending religious refugees back to their persecutors
Wednesday, November 02, 2005, 8:50 AM (MST)
HOUSTON, Texas - Acting upon a request filed by Alliance Defense Fund attorneys, a three-judge panel of the U.S. Court of Appeals for the 5th Circuit Tuesday vacated its earlier ruling that upheld the denial of a persecuted Chinese Christian's asylum application.
The reasoning contained in the panel's first ruling could have had serious ramifications for all religious refugees.
"Religious liberty is the bedrock foundation of this country's history," said ADF Senior Legal Counsel David Cortman. "We are encouraged that the court made the right decision in erasing this ominous ruling that would have compromised America's role as the world leader in human rights."
"Had the 5th Circuit panel's decision upholding the BIA's original ruling been allowed to stand, it could have allowed for a wrongly reasoned distinction between religious belief and religious practice," Cortman explained. "That distinction would have allowed abuses by oppressive regimes that severely regulate religious worship to be ignored."
The court's decision came in the case of Chinese Christian Xiaodong Li, persecuted in China for his religious faith. A three-judge panel of the 5th Circuit had ruled Aug. 9 that a 2003 decision by the Board of Immigration Appeals to revoke a "withholding of removal" order was valid. The panel felt that China's punishment of Li was the result of simply enforcing its laws and was not religious discrimination against an individual's Christian faith.
However, on Oct. 6, the board reversed its 2003 decision, which would have led to Li's deportation back to China. In light of the board's decision, the 5th Circuit panel granted the request of ADF attorneys to vacate its previous opinion. The order can be read at
www.telladf.org/UserDocs/LiOrder.pdf.
ADF is a legal alliance defending America's first liberty--religious freedom--through strategy, training, funding, and litigation.
