JUNMING LI v. Holder

Junming Li, a native and citizen of China, petitions for review of a decision of the Board of Immigration Appeals (BIA). The BIA affirmed the immigration judge’s (IJ) decision denying asylum in the exercise of discretion. The Board balanced the likelihood of persecution and its severity against the negative factors in the record and agreed with the IJ that Li’s method of entry into the United States — being concealed in a metal box that was welded to the bottom of a car and driven across the border in the desert heat — was so dangerous that asylum should be denied.

The only issue on appeal before the BIA was the IJ’s decision to deny asylum, which the BIA affirmed. However, because the IJ had also granted relief in the form of withholding of removal (and, alternatively, the Convention Against Torture (CAT)), the BIA remanded pursuant to 8 C.F.R. § 1003.1 (d)(6) to allow the Department of Homeland Security (DHS) to complete background checks required before withholding of removal can be granted.

Li appeals the BIA’s decision related to the denial of asylum. After Li filed his appeal with us, DHS successfully completed the background checks and the IJ signed and filed a…