Haichun Liu v. Eric H. Holder, Jr.
692 F.3d 848
7th Cir.2012Background
- Liu, Chinese national, arrived in US in 2000 as a nonimmigrant and overstayed; removal proceedings began in 2008.
- IJ/BIA denied asylum, withholding of removal, and CAT relief; Board affirmed the denial.
- Beating and detention occurred after his protest at a state-owned Huafeng factory; he alleges political persecution.
- He testified the protest involved economic demands, not political opposition to the government; anonymous letter about corruption was not proven to be government-known.
- The court reviews for substantial evidence; petitions denied for failure to show eligibility and for failure to corroborate under the REAL ID Act.
- The court notes that past persecution requires a political nexus and upholds the rejection of withholding of removal and asylum; CAT relief denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether asylum was timely filed and exception shown | Liu argues exceptional circumstances | Liu failed to show extraordinary or changed circumstances | Asylum untimeliness waived; petition denied |
| Whether withholding of removal is warranted due to political opinion | Liu organized protests showing political opinion | Record shows economic, not political, activity | Not established; withheld denied |
| Whether past persecution occurred due to political opinion | Beating/detention tied to political protest | Beating not tied to political opinion; content not proven | Past persecution not shown; petition denied |
| Whether future persecution shown based on political opinion | Police inquiries to wife indicate ongoing risk | Inquiries alone insufficient for persecution finding | No clear probability of future persecution; petition denied |
| Whether corroboration was required and properly imposed under REAL ID Act | Credibility should negate need for corroboration | REAL ID Act requires corroboration when requested | Corroboration required; Liu failed to provide sufficient corroboration; petition denied |
Key Cases Cited
- Hu v. Holder, 652 F.3d 1011 (9th Cir. 2011) (recounts political persecution standards in labor/demo protests)
- Bu v. Gonzales, 490 F.3d 424 (6th Cir. 2007) (beating as persecution when tied to protected status or political opinion)
- Zhang v. Gonzales, 452 F.3d 167 (2d Cir. 2006) (political persecution not shown where protest was economic in nature)
- Zheng v. Holder, 666 F.3d 1064 (7th Cir. 2012) (physical force need not be severe; requires nexus to political activity)
- Marquez v. INS, 105 F.3d 374 (7th Cir. 1997) (past persecution analysis includes political context; corroboration considerations)