Xue v. Lynch, No. 15-9540 (10th Cir. 2016)Annotate this Case
Ting Xue, a native and citizen of China, applied to the Tenth Circuit for review of a Board of Immigration Appeals (“BIA”) order affirming the denial of his petition for asylum, withholding of removal and protection under the Convention Against Torture ("CAT"). Xue claimed he was persecuted in his native China for his religious beliefs. He was smuggled to North America, ultimately entering the United States illegally through Mexico in July 2008. The IJ concluded Xue’s treatment at the hands of Chinese authorities before he came to the United States was not sufficiently severe to amount to past persecution. After review, the Tenth Circuit found that the BIA correctly concluded that because Xue failed to show a reasonable possibility of future persecution, he necessarily failed to meet the higher burden required for withholding of removal under the Immigration and Nationality Act. Furthermore, the Court found the BIA correctly concluded that Xue failed to show his eligibility for relief under the CAT. With nothing more, the Court denied Xue's petition for review.
The court issued a subsequent related opinion or order on January 23, 2017.