Li Shan Chen v. U.S. Attorney General
672 F.3d 961
| 11th Cir. | 2011Background
- Chen, a native and citizen of China, seeks asylum, withholding of removal, and CAT relief based on his wife's forced sterilization and related family planning policies.
- Chen alleges that 1987 events included a coerced IUD insertion, a later forced sterilization of his wife, and a fine for family planning violation; he left China in 2006 to avoid persecution of his family.
- Chen later supplemented his application (2008) to add his own resistance to the policy, including being detained and beaten.
- Evidence includes letters from Chen's wife, Amnesty International material, and articles; some medical reports and a detention certificate were untimely or unauthenticated.
- An IJ credited an adverse credibility finding based on inconsistencies and untimeliness, and assessed that, even if credible, Chen lacked a well-founded fear of future persecution.
- BIA affirmed the IJ’s findings, determining that even with credibility or past persecution, Chen’s twenty-year Chinese residence rebutted any presumption of future fear; CAT claim deemed unexhausted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Credibility and per se adverse finding | Chen contends the adverse credibility finding is unsupported. | Chen's credibility was appropriately discredited based on inconsistencies and untimely evidence. | Supported by substantial evidence; credibility adverse finding affirmed. |
| Well-founded fear and asylum eligibility | Chen argues past persecution or a well-founded fear entitles him to asylum/withholding. | BIA permitted rebuttal of presumption due to long China stay and lack of current Chinese interest. | Substantial evidence supports denial of asylum and withholding. |
| CAT relief exhaustion | Chen seeks CAT relief on the merits. | CAT claim not properly exhausted before the BIA. | Petition dismissed as to CAT relief for lack of exhaustion. |
Key Cases Cited
- Shkambi v. U.S. Att'y Gen., 584 F.3d 1041 (11th Cir. 2009) (basis for reviewing BIA credibility and deference to BIA findings)
- Forgue v. U.S. Att'y Gen., 401 F.3d 1282 (11th Cir. 2005) (substantial evidence standard for credibility review)
- Yang v. U.S. Att'y Gen., 418 F.3d 1198 (11th Cir. 2005) (reliability indicators and corroboration need when credibility is in doubt)
- Mohammed v. U.S. Att'y Gen., 547 F.3d 1340 (11th Cir. 2008) (adverse credibility alone may support denial when no corroboration)
- Kazemzadeh v. U.S. Att'y Gen., 577 F.3d 1341 (11th Cir. 2009) (presumption of well-founded fear rebuttable by changed circumstances)
- Sepulveda v. U.S. Att'y Gen., 401 F.3d 1226 (11th Cir. 2005) (well-founded fear requires reasonable possibility of persecution)
- Mehmeti v. U.S. Att'y Gen., 572 F.3d 1196 (11th Cir. 2009) (basis for evaluating well-founded fear and past persecution standards)