Jonaitiene v. Holder, No. 10-1100 (7th Cir. 2011)
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In 2000 husband and wife, citizens of Lithuania, entered the U.S. with illegally-obtained visas. They have two children born in Lithuania and a third born in the U.S. When the visa fraud was discovered, they cooperated and were sentenced to one year of probation. The government charged them with removability for being inadmissible at the time of entry and for having been convicted of a crime involving moral turpitude. 8 U.S.C. 1227(a)(1)(A), 1182(a)(7)(B)(i)(II), and 1227(a)(2)(A)(i). Petitioners applied for asylum and withholding of removal. The Immigration Judge denied the request for asylum; the Board of Immigration Appeals affirmed. The Seventh Circuit affirmed. The affidavits established, at best, that the government of Lithuania is unstable and does little to protect its citizens. Fear of retribution from co-defendants for an alien's cooperation with the U.S. government, in exchange for a reduced sentence, is not a well-founded fear based on a protected ground.
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