He v. Garland, No. 20-1328 (8th Cir. 2022)
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He, a 28-year-old native of China, entered the U.S. in 2012 without inspection. He applied for asylum, withholding of removal, and relief under the Convention Against Torture, claiming past persecution and well-founded fear of future persecution and torture in China because of his Christian faith. An Immigration Judge denied relief. The IJ found his testimony credible but noted that He did not know the denomination of the faith that was practiced during the two gatherings he attended and had never heard of anyone getting in trouble for attending a Christian government-authorized church. The IJ found that the evidence of the harm He described during two detentions, including an assault by police, does not rise to the level of persecution contemplated by the” Act. He failed to demonstrate a well-founded fear of future persecution, presenting no evidence that "anyone associated with the Chinese government is looking for him, or that he would be harmed or persecuted . . . if he practices his Christian religion in China.”
The Board of Immigration Appeals affirmed. The Eighth Circuit denied a petition for review. Substantial evidence supported the finding that HE failed to establish past persecution or a well-founded fear of future persecution on account of his religious beliefs. He failed to establish eligibility for asylum and necessarily cannot meet the more rigorous standard for proof of withholding of removal.
Court Description: [Loken, Author, with Shepherd and Stras, Circuit Judges] Petition for Review - Immigration. Substantial evidence supported the agency finding that petitioner failed to establish past persecution or a well-founded fear of future persecution on account of his religious beliefs; as petitioner failed to establish eligibility for asylum, he necessarily cannot meet the more rigorous standard for proof of withholding of removal.
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