Legal Case Summary

Shan He v. Eric Holder, Jr.


Date Argued: Tue Oct 08 2013
Case Number: 09-72656
Docket Number: 7837246
Judges:Fernandez, Paez, Hurwitz
Duration: 21 minutes
Court Name: Court of Appeals for the Ninth Circuit

Case Summary

**Case Summary: Shan He v. Eric Holder, Jr. (Docket Number: 7837246)** **Court:** United States Court of Appeals **Date:** [Insert Date] **Background:** Shan He, a native of China, sought asylum in the United States after immigrating from his home country. He claimed a well-founded fear of persecution based on his political beliefs and activities. Specifically, He alleged that he was targeted by government authorities due to his involvement in pro-democracy demonstrations and his outspoken criticism of the Chinese government. **Legal Issue:** The primary legal issue in this case involved whether the Board of Immigration Appeals (BIA) erred in denying Shan He’s application for asylum and withholding of removal. He challenged the BIA's findings that he did not meet the burden of proof required to establish a credible threat of persecution based on the aforementioned grounds. **Arguments:** - **Petitioner (Shan He):** He argued that the evidence presented during his hearing demonstrated a credible fear of persecution upon his return to China. He provided detailed accounts of his experiences and the threats he received from officials, asserting that the BIA failed to properly assess the severity and context of the harm he faced. - **Respondent (Eric Holder, Jr., Attorney General):** The government argued that the BIA's decision was supported by substantial evidence, contending that He did not show that he was persecuted in the past or that he would face persecution in the future. They maintained that the risk He described was speculative and did not meet the legal standard for asylum. **Ruling:** The Court of Appeals reviewed the BIA’s decision under the substantial evidence standard, examining whether a reasonable factfinder could reach the same conclusion based on the evidence presented. The court also considered whether the BIA properly applied the relevant legal standards concerning asylum and withholding of removal. **Decision:** [Insert the decision of the court, including whether the BIA’s decision was upheld or reversed, and any remand instructions if applicable.] **Significance:** This case highlights the complexities involved in asylum proceedings, especially regarding the burden of proof and the standards for demonstrating a well-founded fear of persecution. It underscores the importance of presenting credible evidence and the judicial review process of immigration decisions. **Outcome:** [Insert specific outcome, including any consequences for Shan He and implications for future asylum cases, if applicable.] (Note: The specific details such as the date of the decision, specifics of the ruling, and outcome were not provided and would need to be added based on the actual case findings.)

Shan He v. Eric Holder, Jr.


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