Chun Hua Zheng v. Eric H. Holder, J
666 F.3d 1064
| 7th Cir. | 2012Background
- Petitioner is a Chinese woman who sought asylum and withholding of removal based on opposition to China’s one-child policy.
- She applied for asylum seven years after the one-year deadline, and the Board of Immigration Appeals rejected asylum.
- Withholding of removal may be granted where life or freedom would be threatened due to protected grounds, with a presumption if past persecution on political opinion is proven.
- Petitioner lived in Fujian Province; she was beaten and jailed after resisting family-planning officers who came to arrest her cousin, allegedly related to an unauthorized birth.
- She fled to the United States in 1999, later married, had two children, and fears forcible sterilization upon return; evidence on punishment for violations is inconclusive.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Zheng prove past persecution on account of political opinion? | Zheng suffered beatings and jail episodes tied to resisting one-child policy enforcement. | Record shows the beatings may reflect personal violence or other motives, not necessarily political opinion. | No, not proven; beatings lacked clear political-opinion motivation and may constitute harassment. |
| Is the presumption of future persecution triggered by past persecution established? | If persecuted in the past for opposing policy, presumption applies. | Presumption requires proof of past persecution; here it is not established. | Presumption not triggered; petitioner lacks sufficient proof of past persecution. |
Key Cases Cited
- INS v. Cardoza-Fonseca, 480 U.S. 421 (1987) (more likely than not standard for likelihood of persecution)
- Zhu v. Gonzales, 465 F.3d 316 (7th Cir. 2006) (illustrates variability of beating as persecution)
- Lin v. Attorney General, 555 F.3d 1310 (11th Cir. 2009) (resisting arrest may not alone show persecution)
- Beskovic v. Gonzales, 467 F.3d 223 (2d Cir. 2006) (harassment can be distinguished from persecution)
- Stanojkova v. Holder, 645 F.3d 943 (7th Cir. 2011) (defines persecution as significant physical harm or grave nonphysical harm)
- Zheng v. Mukasey, 546 F.3d 70 (1st Cir. 2008) (illustrates country-data gaps in asylum determinations)