Li
Li v. Immigration & Naturalization Service
Opinion
Lead Opinion
*354 MEMORANDUM **
De Guo Li is a seventeen-year-old native of China appealing the BIA’s decision denying him asylum, withholding of removal, and relief under the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“Convention”). Li alleges past persecution and a well-founded fear of future persecution on the basis of his Catholic religion. We hold that the IJ applied the wrong standard in evaluating Li’s application for relief under the Convention, but nonetheless affirm.
On March 20, 1999, Li entered Guam and sought admission to the United States. On March 25, 1999, the Immigration and Naturalization Service (“INS”) issued a Notice to Appear charging Li with removability pursuant to Immigration and Nationality Act (“INA”) § 212(a)(7)(A)(i)(I), 8 U.S.C. § 1182 (a)(7)(A)(i)(I). Li conceded removability, and requested asylum, withholding of removal, and relief under the Convention.
A hearing on the merits of Li’s claims was held on January 26, 2000. At the hearing, Li testified that he was a Catholic and that in the summer of 1998, the Chinese government dispatched regional or local communist committee members to investigate…