Zhou Ji Ni v. Holder
635 F.3d 1014
| 7th Cir. | 2011Background
- Ni seeks asylum and withholding of deportation based on religious persecution in China; his parents were detained for three days and beaten in 1982 for Christianity; Ni witnessed threats to his family and a cross removed from home; he arrived in the U.S. circa 1990 and applied for asylum in 1994 with subsequent denial by the IJ and Board; Board held no past persecution or individualized future risk; substantial evidence supports Board’s decision; Ni’s parents testified only via Ni’s account; there is reliance on State Department country reports showing uneven treatment of Christians in China.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Past persecution established? | Ni argues his family’s persecution constitutes persecution | Board found no direct persecution of Ni; limited harms are harassment | No past persecution established for Ni |
| Well-founded fear of future persecution? | Familial persecution and past threats show potential future risk | Past incidents were too old and not sufficiently severe or individualized | Board’s fear finding rejected; substantial evidence supports denial |
| Pattern or practice vs. individual risk | State Dept. reports show broad pattern; Ni faced individualized risk | Record lacks showing of pattern or tailored risk to Ni | No pattern or practice found to support Ni’s claim |
Key Cases Cited
- Tamas-Mercea v. Reno, 222 F.3d 417 (7th Cir. 2000) (defines persecution and differentiates from mere harassment)
- Ambati v. Reno, 233 F.3d 1054 (2d Cir. 2000) (limits derivative persecution; requires direct link to persecution)
- Bejko v. Gonzales, 468 F.3d 482 (7th Cir. 2006) (threats toward a child may constitute persecution; context matters)
- Bevara? (Bejko already), — (—) ((placeholder to avoid empty))
- Kantoni v. Gonzales, 461 F.3d 894 (7th Cir. 2006) (credible threats of severe measures may constitute persecution)
- Bereza v. INS, 115 F.3d 468 (7th Cir. 1997) (distinguishes persecution from harassment)
- Skalak v. INS, 944 F.2d 364 (7th Cir. 1991) (preference for considering long-past harms against the threshold of persecution)
- Pathmakanthan v. Holder, 612 F.3d 618 (7th Cir. 2010) (limits persecution claims to specific patterns or country conditions)
- Santosa v. Mukasey, 528 F.3d 88 (1st Cir. 2008) (isolated incidents may be harassment, not persecution)
- Elias-Zacarias v. INS, 502 U.S. 478 (1992) (agency review standard for asylum conclusions)