Chen v. Holder

Chen, a citizen of China, entered the U.S. in 2004 as a nonimmigrant. He overstayed and sought asylum, withholding of removal, and protection under the Convention Against Torture. He admitted removability, 8 U.S.C. 1227(a)(1)(B). Chen testified that he left China because he was persecuted because he participated in the demonstration against the government using violence to force people to demolish housing and to move. He said that he was detained, beaten, harassed, threatened, and arrested by the police. Chen was released after three days, but was required to report to the police station, first weekly and then on a monthly basis. Chen has not participated in any other antigovernment demonstration and was not a member of any political organization. The IJ rejected his claims, finding that Chen did not apply for asylum until more than three years after his arrival, so that his asylum application was untimely. His inability to speak English, to understand the law, and not having money to hire an attorney did not amount to extraordinary circumstances to excuse untimely filing. Regarding withholding of removal, the IJ found that Chen’s situation was a personal dispute rather than an expression of his political opinion. The Seventh Circuit dismissed a petition for review. View "Chen v. Holder" on Justia Law