Immigration – asylum — China

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U.S. Court of Appeals for the Seventh Circuit

Civil

Immigration – asylum — China

Where the petitioner engaged in only one sit-in to protest the taking of his property, he failed to show past persecution based on political expression.

“Chen’s protest was similarly non-political. He did not engage in any of the classic examples of political activity; instead, he participated in one sit-in to protest the taking of his property without compensation. The sit-in was public, and Chen was accompanied by other merchants who complained about the taking of their property, but that is insufficient to compel the conclusion that political opinion was the reason for any harm to him. See Marquez, 105 F.3d at 380–81 (deferring to the Board’s findings that greed and jealousy, not politics motivated persecution even though alien spoke out against military corruption on radio talk show). As the IJ noted, Chen did not make a broader attack on the government; he therefore is on weaker ground than the alien in Marquez. See id. at 381 (stating the issue as whether the retaliation was because of alien’s public condemnation and broader attack on military corruption).”

Petition Denied.

13-2505 Chen v. Holder

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