Friday, April 8, 2011

Chinese asylum, Christian faith, past persecution. Ni v. Holder (7th Cir., March 25, 2011)

Bd. did not err in denying asylum request by alien (native of China) after finding that alien had failed to establish that he had personally been victim of past persecution on basis of his Christian religion or that he was exposed to individualized risk of future persecution. Alien typically cannot establish past persecution claim based upon persecution of third-party, and instant alien failed to show that physical beating of his parents due to their Christian religion was meant as act to injure him. Moreover, alien failed to establish well-founded fear of future persecution where: (1) persecution of parents occurred over 20 years ago; (2) record failed to show that Chinese officials have continued to target his family; and (3) alien failed to present evidence about conditions in area of China to which he would return.

Chinese petitioner appeals the BIA’s denial of his asylum claim on account of his Christian faith.  The Petitioner’s claim is premised principally on persecution that his parent’s suffered in 1982.  The Seventh Circuit affirmed the agency’s dismissal, finding the petitioner did not establish past persecution or a well-founded fear of future persecution.
Read the opinion here.
FLAUM, Evans, McCuskey (distct)

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