Shaghil v. Holder, 638 F.3d 828

Shaghil, a Sunni Muslim born in Karachi, Pakistan, came to the U.S. in 1991 for college.
He married U.S. citizen Monica Rodriguez in 1995 and pursued adjustment of status.
During the marriage he intermittently presented as Christian, with limited Christian knowledge.
He traveled to Pakistan in 1998 where family and friends criticized his marriage to a Christian; a mosque-related incident occurred.
He later separated from Rodriguez; they divorced in 2006, and he sought asylum, withholding of removal, and CAT relief, followed by a motion to reopen based on a supposed bona fide marriage to a U.S. citizen.
The IJ found him ineligible for asylum due to timeliness, denied withholding of removal and CAT relief, and the BIA affirmed; a motion to reopen to adjust status based on marriage was denied.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Timeliness of asylum application and review jurisdiction	Shaghil asserts past persecution and fear of future persecution merit asylum.	The asylum claim is time-barred and non-reviewable on timeliness.	Petition dismissed as to asylum due to untimeliness; Court lacks jurisdiction to review timeliness.
Past persecution and likelihood of future persecution for withholding	Past persecution or a clear probability of future persecution would entitle relief.	No clear evidence of past persecution; future persecution not more likely than not.	Substantial evidence supports denial of withholding of removal.
CAT relief viability	Even with persecution risk, CAT relief should apply based on likelihood of torture.	No nexus showing torture by a public official or acquiescence; CAT relief denied.	CAT relief denied.
Due process during proceedings and remand	Argues audio recordings and remand evidence could alter outcome.	Record shows no prejudice or fundamental error; remand corrections adequate.	No due process violation found.
Motion to reopen to adjust status based on marriage	Marriage evidence should establish bona fide relationship; Board overlooked evidence.	Board reasonably found marriage not shown to be bona fide.	Motion to reopen denied; Board did not abuse its discretion.

Beck v. Mukasey, 527 F.3d 737 (8th Cir. 2008) (presumption of future persecution where past persecution shown; standard for withholding of removal)
Ladyha v. Holder, 588 F.3d 574 (8th Cir. 2009) (clear probability standard for withholding; distinction from asylum standard)
Malonga v. Holder, 621 F.3d 757 (8th Cir. 2010) (definition and scope of persecution; extreme concept)
Sholla v. Gonzales, 492 F.3d 946 (8th Cir. 2007) (persecution as death, torture, or injury; evidence weighting)
Ngengwe v. Mukasey, 543 F.3d 1029 (8th Cir. 2008) (remand considerations when police relief is disputed)
Osonowo v. Mukasey, 521 F.3d 922 (8th Cir. 2008) (credibility findings; evidence-based per se rule for persecution)
Guled v. Mukasey, 515 F.3d 872 (8th Cir. 2008) (standard for withholding and persecution)
Thu v. Holder, 596 F.3d 994 (8th Cir. 2010) (standard for persecution and review under 8 U.S.C. § 1231(b)(3)(A))
Ismail v. Ashcroft, 396 F.3d 970 (8th Cir. 2005) (standard of review for agency findings; deference to agency)