Churchman v. Garland

Federal 7th Circuit Court
Civil Court
Immigration
Citation
Case Number: 
No. 20-3205
Decision Date: 
July 12, 2021
Federal District: 
Petition for Review, Board of Immigration Appeals
Holding: 
Petition denied

Board did not err in sustaining I.J.’s denial of petitioner’s application for asylum relief that was filed after petitioner overstayed her visitor visa, even though petitioner argued that return to Ukraine would subject her to persecution given past persecution she experienced prior to her move to U.S. Board could properly find that petitioner did not experience past persecution based on her claim that government actors associated with former President of Ukraine beat her severely during opposition rally, detained her for one day and pressured university dean to expel her because of her political activity. Also while Ukrainian police made several inquiries as to petitioner’s whereabouts, said inquiries could have been based on petitioner’s assault of police officer. Moreover, petitioner failed to present compelling evidence that new Ukrainian government, which was supported by petitioner’s political party, would persecute her if she returned to Ukraine.