He v. Holder, No. 14-3104 (7th Cir. 2015)
Annotate this CaseHe, a citizen of China, entered the U.S. in 2007 through Indonesia and Canada. A year later He retained an attorney to apply for asylum based on mistreatment (arrest and beatings) that he had suffered in Fujian Province on account of his Christian beliefs. A month later, the Department of Homeland Security charged him with removability as an alien present in the U.S. without being admitted or paroled, 8 U.S.C. 1182(a)(6)(A)(i). The immigration judge denied relief, finding that: He’s testimony was not credible; he failed (under the REAL ID Act) to provide corroborating evidence; He was statutorily ineligible for asylum because he did not apply within one year of his arrival; and He was ineligible for withholding or CAT protection because he failed to show it is more likely than not that his life would be threatened or that he would be tortured in China. The Board of Immigration Appeals affirmed and denied a motion to reconsider. The Seventh Circuit denied He’s petition for review, which focused on only the underlying denial of his application for asylum and withholding, a ruling not properly before the court. He did not argue that denial of his motion to reconsider was erroneous.
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