The 7th Circuit dismissed much of Zeqiri's petition for review - finding that it lacked jurisdiction to consider her arguments regarding the timeliness of her asylum application - and denied the rest of the petition, finding that the BIA's decision denying withholding was supported by substantial evidence. On the second point, the court found that Zeqiri - an ethnic Albanian from Macedonia - had not demonstrated personal or particularized persecution, and a "fear of ethnic persecution 'common to all members of an ethnic minority' is generally insufficient." (quoting Petrovic v. INS, 198 F.3d 1034, 1037 (7th Cir. 2000). Zeqiri's testimony regarding her arrest was not credible and thus there was no evidence of personal persecution.
The 7th Cir rejected Govt's attempts to apply "modified" categorical approach to CoV under 16(a) - however, on the merits, it found that "knowingly... caus[ing] bodily harm" involves the use of physical force. Re the CAT claim, the CtApp found that its jurisdiction was limited to questions of law and constitutional questions, and the argument that the BIA applied the wrong standard of proof was basically a factual claim.
The 7th cir denied a Chinese asylum case, finding that the fact of filing within one year is a factual, not legal determination (though also, ambiguously, finding that the IJ's finding was correct in saying that clear and convincing evidence didn't support the claimed entry date); and that substantial evidence supports credibility denial. In dicta, noted that IJ's analysis of time required for abortion was not supported, and also discussed the forensic analysis.
The 7th Cir refused to overturn a withholding denial, finding that evidence did not show likely persecution of upper-class individual in Venezuela, and incident where he was beaten by mob of Chavez supporters was not past persecution.
Seventh Circuit 
