Jin Yan Sun v. Sessions, 691 F. App'x 28

Petitioner Jin Yan Sun, a Chinese national, sought asylum and withholding of removal based on conversion to Christianity and fear of forced sterilization under China’s family planning policy.
IJ denied relief on credibility grounds; the BIA affirmed the IJ’s adverse credibility finding (BIA decision Feb. 19, 2015; IJ decision Sept. 13, 2012).
The agency relied on inconsistencies among Sun’s testimony, asylum applications, and prior sworn statements about whether Chinese officials damaged her house and arrested her mother for Falun Gong.
In one earlier application Sun admitted fabricating a Falun Gong claim at a smuggler’s advice, later retracted that admission, then claimed at hearing that her 2002 statements were true—without a persuasive explanation for the contradictions.
Additional inconsistencies concerned whether Sun’s mother was forcibly sterilized and where Sun would live if returned; Sun also failed to present her husband’s testimony or other corroboration.
The agency concluded Sun’s admitted willingness to lie to immigration officials, inconsistent record, and lack of corroboration rendered her not credible, dispositive of asylum and withholding claims.

Issue	Sun's Argument	Sessions' Argument	Held
Whether the agency reasonably made an adverse credibility finding	Sun argued her testimony and statements were credible and explained inconsistencies	Respondent argued record shows material inconsistencies, admitted fabrication, and lack of corroboration supporting disbelief	Court held substantial evidence supports the agency’s adverse credibility determination
Whether inconsistencies about Falun Gong-related persecution undermine asylum claim	Sun maintained persecution claims are true despite prior conflicting statements	Respondent emphasized admission of fabrication and retractions as evidence of mendacity	Court held contradictions and admission of fabrication justified discounting the Falun Gong claim
Whether evidence supports fear of forced sterilization under family planning policy	Sun asserted fear based on mother’s alleged sterilization and family planning violations	Respondent pointed to inconsistent statements and lack of corroboration	Court held inconsistencies and lack of corroboration support disbelief of sterilization claim
Whether absence of corroborating testimony (husband) was fatal	Sun argued corroboration was not required or was unavailable	Respondent argued failure to produce available corroboration justified adverse credibility inference	Court upheld that failure to provide corroboration supported the agency’s finding

Xue Hong Yang v. U.S. Dep’t of Justice, 426 F.3d 520 (2d Cir.) (standard for reviewing BIA decisions as modified)
Xiu Xia Lin v. Mukasey, 534 F.3d 162 (2d Cir.) (credibility determinations may be based on inconsistencies without regard to whether they go to the heart of the claim)
Ming Zhang v. Holder, 585 F.3d 715 (2d Cir.) (agency may rely on inconsistencies between testimony and prior statements)
Majidi v. Gonzales, 430 F.3d 77 (2d Cir.) (petitioner must provide evidence or explanation to rehabilitate credibility)
Biao Yang v. Gonzales, 496 F.3d 268 (2d Cir.) (failure to produce available corroborating witnesses may support adverse credibility finding)
Yan Juan Chen v. Holder, 658 F.3d 246 (2d Cir.) (corroboration principles in asylum credibility determinations)
Paul v. Gonzales, 444 F.3d 148 (2d Cir.) (credibility determination is dispositive of asylum and withholding claims)