Thursday, August 25, 2016

Milestones: He v. Holder, 749 F.3d 792 (9th Cir. 2014)


Petitioner, a Chinese national, applied for asylum based on the persecution he allegedly received for violating China's one child policy. The Chinese government assessed a fine to the petitioner. Because the petitioner could not afford to pay the fine, he ran away--eventually to the United States.

The court found that the petitioner did not satisfy the requirements for asylum. The petitioner did not overtly and persistently resisted the Chinese policy, nor suffered from persecution within the meaning of the law.


As we can see here, asylum is a high bar. China's one child policy receives much denunciation, but that alone is not going to clear the bar.

No comments:

Post a Comment