Tian v. Holder

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 13-2130
Decision Date: 
March 13, 2014
Federal District: 
Petition for Review, Order of Bd. of Immigration Appeals
Petition denied
Bd. did not err in denying application by alien (native of China) for asylum and withholding of removal, even though alien alleged that he was victim of persecution in 1989, when he aided others in pro-democracy demonstration. Ct. of Appeals lacked jurisdiction to consider alien’s asylum application, which had been filed beyond applicable one-year limitation period, and alien did not otherwise assert existence of either change of circumstances in China or exceptional circumstances that would explain instant delay. Moreover, as to instant withholding of removal request, record supported IJ’s determination that alien was not credible with respect to his claim of past or future persecution, where alien had remained in China for 10-year period after 1989 demonstration without incident, and where he had received job promotions during said period.