Asylum Application – Withholding of Removal

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7^th Circuit Court of Appeals

Case Name: Otgonbaatar Tsegmed v. Jefferson B. Sessions III

Case No.: 16-1036

Officials: WOOD, Chief Judge, FLAUM, Circuit Judge, and CONLEY, District Judge

Focus: Asylum Application – Withholding of Removal

Otgonbaatar Tsegmed, a citizen of Mongolia, overstayed a nonimmigrant visa and has been living in the United States since 2004. He came to the attention of the Department of Homeland Security in 2008, after his second arrest for Driving Under the Influence in Illinois. The government placed him in removal proceedings. He conceded that he was removable, but he filed an application with the immigration court in July 2008 seeking asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The Immigration Judge (IJ) denied his application and ordered him removed to Mongolia; the Board of Immigration Appeals (BIA) affirmed. Tsegmed now challenges those decisions. Because we lack jurisdiction to review the denial of his asylum application, and the evidence does not compel the conclusion that he is eligible for withholding or relief under the CAT, we deny his petition for review.

Petition to review denied

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.