Ze Zheng v. Eric H. Holder, Jr.
698 F.3d 710
| 8th Cir. | 2012Background
- Zheng, a Chinese citizen, entered the United States in 1993 and sought asylum, withholding of removal, and CAT protection based on resistance to China’s coercive family planning policies.
- Removal proceedings began in 2005; Zheng conceded removability and the IJ denied relief, leading to BIA affirmance.
- Zheng testified about 1984 events: family planning officials demanded sterilization after a second child, he assaulted a official following a dispute over property, and his wife was sterilized.
- He later provided a 1993 summons and a 1995 arrest warrant; the warrant did not specify a crime, merely noting that major facts were investigated.
- The IJ found Zheng’s assault constituted a serious nonpolitical crime outside the United States, which barred asylum, withholding of removal, and CAT relief; the BIA affirmed.
- After argument, Zheng’s attorney moved to withdraw citing allegedly false testimony and evidence; the court assumed no truth to the allegations and denied relief on the administrative record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there are serious reasons to believe Zheng committed a serious nonpolitical crime | Zheng argues assault was “other resistance” to policy | Agency rejected as not political; substantial evidence supports serious nonpolitical crime | Yes; substantial evidence supports the finding. |
| Whether deferral of removal under CAT applies when CAT protection is denied | Zheng seeks CAT deferral once CAT protection is found but not asylum | Deferral only available if CAT protection is granted | Denied; CAT deferral not available here. |
| Whether Zheng received due process regarding interpreter issues at hearings | Absent/unsigned interpreter affected proceedings | No prejudicial error; attorney could have challenged interpreter quality | Denied; no prejudicial due process violation. |
Key Cases Cited
- INS v. Aguirre-Aguirre, 526 U.S. 415 (Supreme Court 1999) (test for political nature of crime; extent of political objective outweighs crime's normal character)
- Matter of McMullen, 19 I. & N. Dec. 90 (BIA 1984) (political action can constitute serious nonpolitical crime if outweighed by political objective)
- Chay-Velasquez v. Ashcroft, 367 F.3d 751 (8th Cir. 2004) (supports applying Aguirre-Aguirre to ‘other resistance’ cases)
- Meas v. Ashcroft, 363 F.3d 729 (8th Cir. 2004) (translation and testimony coherence standards for due process)
- In re A-K-, 24 I. & N. Dec. 275 (BIA 2007) (necessity of death of political vs. nonpolitical crime framework)
- Bernal-Rendon v. Gonzales, 419 F.3d 877 (8th Cir. 2005) (agency deference to BIA interpretations of immigration law)
- Escoto-Castillo v. Napolitano, 658 F.3d 864 (8th Cir. 2011) (evidence consideration and record-based review limits)