Chen v. Holder

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 12-1623
Decision Date: 
January 18, 2013
Federal District: 
Petition for Review, Order of Bd. of Immigration Appeals
Petition denied
Record contained sufficient evidence to support IJ’s denial of alien’s request for asylum and withholding of removal based on his claim that he suffered persecution when he learned while he was in U.S. that Chinese authorities forcibly sterilized his wife, and where he recently began to practice Falun Gong. Alien could not base past persecution claim where record lacked evidence that alien had actively protested wife’s sterilization when he was in China. Moreover, alien failed to establish fear of future persecution where evidence did not show likelihood that Chinese authorities would become aware of his practice of Falun Gong if forced to return to China.