Judge Ripple denied the motion to stay the mandate for 30 days, pending the filing of a Petition for a Writ of Certiorari. The motion identified grounds for seeking cert that are more intra-circuit conflicts than a circuit split; failed to note any circuit that disagrees with the 7th cir; and did not convince Judge Ripple that there was a significant likelihood of cert being granted.
Judge Easterbrook gives a broad and sweeping rationale for using minor inconsistencies to find asylum applicants to lack credibility; and upholds denial in this case, in light of later remembering of details that even then did not hold together.
The 7th cir upheld an adverse credibility finding against a Pakistani asylum-seeker, in part based on his airport interview (age 16 at the time). It found that it was reasonable to believe that the arrest warrant for him was valid, though he argued that it was issued based on undue influence of another religious sect. Finally, he could relocate within Pakistan, since Sunnis are the majority religious group. Judge Cudahy, concurring, agreed that he could relocate to another village, but didn't agree with discussion of religion in the village.
The 7th Cir held that a beating (by Romanian police against a Pentecostal) that left Petitioner unconscious from kicking in the testicles was persecution sufficient to trigger the presumption of future persecution - and restated that serious injury is not required for a past persecution showing.
In determining whether a crime is a CIMT, the 7th cir deferred under Chevron to the Board decision in Matter of Babaisakov, 24 I.&N. Dec. 306 (2007), finding that the Board is not obligated to apply a categorical test to the CIMT determination. It may go outside the record, as here, where the presentence report shows that fraud was sort of involved. Hashish v. Gonzales, 442 F.3d 572, 575 (7th Cir. 2006); Padilla v. Gonzales, 397 F.3d 1016, 1019 (7th Cir. 2005), overruled - under Brand X.
Seventh Circuit 
