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Chen v. Holder

United States Court of Appeals, Seventh Circuit

March 10, 2014

WEIPING CHEN, Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General of the United States, Respondent

Argued February 18, 2014

Page 528

Petition for Review of an Order of the Board of Immigration Appeals. No. A089-671-522.

For WEIPING CHEN, Petitioner: Pengtian Ma, Attorney, Chicago, IL.

For ERIC H. HOLDER, JR., Attorney General of the United States, Respondent: OIL, Attorney, Matthew A. Spurlock, Attorney, DEPARTMENT OF JUSTICE, Civil Division, Immigration Litigation, Washington, DC.

Before ROVNER, WILLIAMS, and TINDER, Circuit Judges.

OPINION

Page 529

Tinder, Circuit Judge.

Weiping Chen petitions for review of the denials of his requests for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). We dismiss the petition for review of the asylum claim for lack of jurisdiction and deny the petition for review of the withholding of removal and the CAT claims.

I. Background

Chen is a native and citizen of China who entered the U.S. in October 2004 as a nonimmigrant visitor with authorization to stay until April 2005. He overstayed and later filed an application for asylum, withholding of removal, and protection under

Page 530

the CAT. A Notice to Appear (NTA) was issued charging him with removability for staying longer than his visa permitted. See 8 U.S.C. § 1227(a)(1)(B). He has admitted the NTA's allegations and conceded removability.

At the hearing before the immigration judge (IJ), Chen testified that he left China in 2004 because he was " persecuted by the Chinese government[,] [b]ecause [he] participated in the demonstration against the Chinese government using violence to force people to... demolish the housing and to force people to move." He said that he was detained, beaten, harassed, threatened, and arrested by the police. Chen claimed that he purchased a shop in a market to make more money to pay for medical treatment for his son. He said that not long after he opened his store in April 2004, the government made plans to develop the area. Chen stated that he and the other merchants in the market complained to the district level government that the developers were trying to take over the market without giving them " proper compensation." But the issue was not resolved. Chen testified that he and other merchants were afraid that the developers would tear down their stores, so they stayed ...


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