Category Archives: withholding of removal

CA7 remands Nicaraguan withholding of removal

Posted on January 19, 2016 by Mike Baker

Bd. did not err in denying alien’s asylum application, where said application was untimely, and where alien could only raise question of fact on appeal. However, remand was required with respect to alien’s claim for withholding of removal in which … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Asylum, withholding of removal | Leave a comment

CA7 upholds IJ denial of Chinese claim for asylum, withholding of removal, CAT relief

Posted on January 17, 2016 by Mike Baker

Chen was born in China, in 1976. In 2004, Chen married Feng and they had a daughter. In 2005, the Chinese government appropriated Chen’s farmland, to build an industrial park. Chen was allowed to keep his house and received compensation, … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, past persecution, People’s Republic of China, political asylum, withholding of removal | Leave a comment

CA7 finds BIA improperly used de novo standard instead of clear error standard in deferral of removal

Posted on January 8, 2016 by Mike Baker

In removal proceeding in which alien (native of Honduras) argued that he was entitled to withholding of removal and CAT relief based on claim that he experienced police torture in Honduras in 1994, Ct. of Appeals lacked jurisdiction to review … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, clear error standard, Convention Against Torture, de novo standard, withholding of removal | Leave a comment

CA7 finds resistance to China’s coercive population-control policy credible-Wang v. Lynch, Court of Appeals, 7th Circuit 2015

Posted on November 1, 2015 by Mike Baker

Lishou Wang, a 51-year-old Chinese citizen, petitioned for review of the denial of his applications for asylum and withholding of removal based on his resistance to China’s coercive population-control policy. An immigration judge found that Wang did not testify credibly … Continue reading →

Posted in China one-child policy, China’s family planning policy, credibility determination, past persecution, political asylum, withholding of removal | Tagged | Leave a comment

CA7 finds abuse of discretion in denial of Continuance pending adjudication of I-130

Posted on July 27, 2014 by Mike Baker

Denial of a continuance on the basis of a non-reason is an abuse of discretion. Yang v. Holder, Court of Appeals, 7th Circuit 2014 Yang, a citizen of China, entered the U.S. in 1998, as a tourist. In 2000, he … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, adjudication of I-130, Continuance, Motion for Continuance, withholding of removal | Leave a comment