Zheng v. Holder, Jr., No. 11-3345 (8th Cir. 2012)
Annotate this CasePetitioner, a citizen of China, petitioned for review of the BIA's order affirming the IJ's denial of asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Petitioner claimed past and a well-founded fear of future persecution as a result of his resistance to China's coercive family planning policies. The court concluded that substantial evidence in the administrative record as a whole supported the finding that there were serious reasons to believe petitioner committed a serious nonpolitical crime outside the United States before arriving in the United States and was therefore ineligible for asylum, withholding of removal, or withholding of removal under the CAT. The court rejected petitioner's remaining claims and denied the petition for review and counsel's motion to withdraw.
Court Description: Petition for Review - Immigration. The Immigration Judge did not err in finding petitioner committed a serious nonpolitical crime outside the U.S. when he beat a Chinese family planning official, making him ineligible for asylum, withholding of removal or CAT relief; because petitioner did not qualify for protection under CAT, he was ineligible for deferral of removal; there was no showing of prejudice from lack of an interpreter at a session where petitioner was represented by counsel; court would not consider a filing made by petitioner's counsel in which counsel stated petitioner had lied regarding the beating and that some of petitioner's evidence was fabricated, as this information is not part of the administrative record.
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