Lin v. Immigration and Naturalization Service
United States Court of Appeals for the Third Circuit
238 F.3d 239 (2001)
- Written by Mary Katherine Cunningham, JD
Facts
In October 1992, Li Wu Lin (defendant) entered the United States from the Peoples Republic of China, and the Immigration and Naturalization Service (plaintiff) began deportation proceedings. Lin sought asylum and withholding of deportation. Lin became involved in pro-democracy movements in the spring of 1989. On May 18, 1989, Lin participated in his first demonstration, and on May 25, 1989, Lin was part of a crowd attempting to seize a government building. On May 30 and June 2, 1989, Lin participated in two more pro-democracy parades. On June 4, 1989, the pro-democracy movement ended with the massacre at Tiananmen Square in Beijing. On June 10, 1989, two police officers and a brigade leader came to Lin’s parents’ home and demanded Lin present himself for interrogation. Lin did not report for interrogation and entered hiding for two and a half years. During that time, officials came to Lin’s parents’ house five times to look for Lin, telling his parents Lin would be in serious trouble if caught. Lin learned other classmates involved in the protests were arrested, beaten, and sentenced to hard labor. After hearing Lin’s testimony, the immigration judge (IJ) denied his application for asylum and withholding of deportation, and Lin appealed to the Board of Immigration Appeals (BIA). After more than six years, the BIA affirmed the IJ’s decision. The BIA found that Lin testified credibly but concluded that Lin did not have a well-founded fear of persecution because the Chinese government sought Lin for his trespass on to government property during the protests. Lin appealed to the Third Circuit, renewing his applications.
Rule of Law
Issue
Holding and Reasoning (Cowen, J.)
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