HE v. GARLAND

No. 20-1328.

24 F.4th 1220 (2022)

Xiaojie HE, Petitioner, v. Merrick B. GARLAND, Attorney General of the United States, Respondent.

United States Court of Appeals, Eighth Circuit.

Filed: February 4, 2022.


Attorney(s) appearing for the Case

Nadia Anguiano-Wehde , Ashley Meeder , Benjamin Richard Casper Sanchez , University of Minnesota, James H. Binger Center for New Americans, Minneapolis, MN, for Petitioner.

Xiaojie He, New York, NY, Pro Se.

Carl H. McIntyre , Sherease Rosalyn Pratt , Jonathan Aaron Robbins , Trial Attorney, U.S. Department of Justice, Civil Division, Washington, DC, for Respondent.

Charles Roth , National Immigrant Justice Center, Chicago, IL, for Amicus on Behalf of Petitioner National Immigrant Justice Center.

Before LOKEN, SHEPHERD, and STRAS, Circuit Judges.


Xiaojie He, a twenty-eight-year-old native of China, entered the United States in April 2012 without inspection. The Department of Homeland Security (DHS) initiated removal proceedings. He conceded removability and applied for asylum, withholding of removal, and relief under the Convention Against Torture (CAT), claiming past...

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