Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

ninth overrules in favor of asylee. Court of appeals had jurisdiction to review determination that petitioner did not timely file his asylum application where the underlying fact that petitioner arrived in the United States less than one year before filing his asylum application was undisputed. Petitioner’s testimony that that he hid in China until less than one year before he applied for asylum was clear and convincing evidence that he did so, and immigration judge erred in concluding that proof of an exact arrival date was necessary. Immigration judge did not err in denying request for withholding of removal on the basis that petitioner had not established a likelihood that he would be subject to persecution where Chinese authorities searched for petitioner only on account of his assistance to a Falun Gong practitioner, not his political opinion or religion. Petitioner did not qualify for protection under the Convention Against Torture where the actions of Chinese authorities suggested, at most, that he might be subject to interrogation or punishment for his assistance to the escapee. Lin v. Holder

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