Seventh Circuit Rejects Indian Muslim's Deportation Halt Bid
The US Court of Appeals for the Seventh Circuit denied Sanaullah Khan Mohammed's bid to halt deportation, ruling the 2016 attack he faced in India did not constitute persecution.
The US Court of Appeals for the Seventh Circuit rejected Sanaullah Khan Mohammed's attempt to halt his deportation to India, ruling that the violence he suffered did not amount to persecution. The three-judge panel issued its decision after reviewing Mohammed's claims that a May 2016 attack by local Hindus affiliated with the Bharatiya Janata Party warranted asylum protection.
Mohammed entered the United States on a visitor visa in June 2016, overstayed, and did not apply for asylum until January 2019 — well beyond the one-year legal filing deadline. The court said it lacked jurisdiction to review the asylum claim due to the late filing, but proceeded to evaluate the merits anyway, concluding Mohammed failed to establish either past persecution or a likelihood of future persecution.
The 2016 incident involved local Hindus who confronted Mohammed and his mother, threw rocks, and beat him while demanding the closure of his family's cow slaughterhouse. The court noted that Mohammed's injuries were limited to bumps, scrapes, and bruises, and that local police intervened to stop the attack. The panel found no evidence the Indian government was complicit in the violence and determined Mohammed could safely relocate within India, particularly since the slaughterhouse was no longer operating.
The ruling effectively clears the way for Mohammed's deportation back to India, closing his legal avenue for remaining in the United States.