Munger, Tolles & Olson Secures Asylum For Chinese Immigrant Facing Religious Persecution

Munger, Tolles & Olson represented pro bono a Chinese national who fled his home country after facing violence and imprisonment for practicing Christianity in obtaining a grant of asylum on Oct. 25, 2017.

The client was arrested and imprisoned for attending an underground church service in 2007. He was released after being beaten and forced to sign a pledge to no longer attend the church. Afterwards, Chinese police continued to raid the underground church, leading the client to flee to the United States and seek asylum on the basis of religious persecution. An immigration judge ruled that these conditions did not arise to the level of persecution, and the U.S. Court of Appeals for the Tenth Circuit affirmed that ruling.

Munger, Tolles & Olson filed a petition for writ of certiorari on the client’s behalf in the U.S. Supreme Court. Rather than oppose the petition, the U.S. government agreed to remand the case to the Board of Immigration Appeals with a recommendation that the client be granted asylum. On Oct. 25, 2017, the board granted the client asylum, allowing him to remain in the United States with his wife and three children. He regularly attends church near his home in the Denver area.

The Munger, Tolles & Olson team on the case included Fred A. Rowley Jr., Mark R. Yohalem and Joshua Patashnik.