Immigration – Asylum — China

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United States Court of Appeals For the Seventh Circuit

Civil

Immigration – Asylum — China

An alien was properly denied asylum even though he protested against the closing of a factory in China.

“In Liu’s case, however, the record does not compel the conclusion that he was mistreated because of his political activities in arranging his protest at Huafeng, as required for withholding of removal. See 8 U.S.C. § 1231(b)(3)(A). A political opinion is ‘one that is expressed through political activities or through some sort of speech in the political arena.’ Li v. Gonzales, 416 F.3d 681, 685 (7th Cir. 2005). Campaigning against the government, writing op-ed pieces, urging voters to oust corrupt officials, founding an anti-corruption political party, actively participating in an anti-corruption party’s activities, or speaking out repeatedly as a ‘public gadfly’ are classic examples of political speech. See Musabelliu v. Gonzales, 442 F.3d 991, 995 (7th Cir. 2006); Marquez v. INS, 105 F.3d 374, 381 (7th Cir. 1997). Liu did not engage in these political activities. As he conceded, he never belonged to a political organization or demonstrated against the Chinese government. Rather, he organized co-workers at Huafeng to ask for their jobs and benefits back; this was an economic demand, not a protest of government corruption. Cf. Hu, 652 F.3d at 1013-14; Bu, 490 F.3d at 426- 31. Furthermore, he was removed from the Huafeng premises for causing a ‘verbal quarrel,’ not for the content of the protest. (After all, he previously met with his manager posing the same grievances without incident.) See Zhang v. Gonzales, 452 F.3d 167, 172 (2d Cir. 2006) (finding no political persecution where police removed Chinese petitioner from factory premises when she organized protest of layoffs).”

Petition Denied.

12-1130 Liu v. Holder

Petition for Review of an Order of the Board of Immigration Appeals, Hamilton, J.