453 F. App'x 467
5th Cir.2011Background
- Wu, a Chinese citizen, petitions for review of a BIA dismissal of her asylum, withholding, and CAT claims.
- IJ found Wu not credible; BIA affirmed the adverse credibility ruling; petition denied.
- Wu asserted past persecution, a well-founded fear of future persecution, and eligibility for withholding and CAT relief based on forced abortion and religious activity.
- BIA/ IJ relied on inconsistencies in Wu’s testimony and documentary certificates to undermine credibility, including church-arrest timing and Zheng’s certificate.
- Wu failed to inform the asylum officer she was forcibly subjected to abortion; she alleged fear of forced abortion on return, but the record undermined this claim.
- Discrepancies also extended to Wu’s marriage history and departure dates of her ex-husband, undermining overall credibility; the bias claim was not exhausted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the credibility finding is supported. | Wu contends adverse finding lacks substantial support. | BIA/IJ properly relied on inconsistencies and omissions. | Yes; credibility supported by substantial evidence. |
| Whether Wu established past persecution or well-founded fear of persecution. | Wu asserts persecution via abortion and religious activity. | Inconsistencies negate credibility and claims fail on merit. | Denied; claims not established due to credibility issues. |
| Whether Wu is eligible for withholding of removal or CAT relief. | Wu seeks withholding/CAT based on persecution history. | Credibility problems foreclose eligibility. | Denied; substantial evidence supports denial. |
Key Cases Cited
- Chun v. INS, 40 F.3d 76 (5th Cir. 1994) (court may review BIA where IJ findings impact BIA)
- Zhu v. Gonzales, 493 F.3d 588 (5th Cir. 2007) (factual review under substantial evidence standard)
- Zhang v. Gonzales, 432 F.3d 339 (5th Cir. 2005) (reversal improper unless evidence compels contrary finding)
- Wang v. Holder, 569 F.3d 531 (5th Cir. 2009) (adverse credibility determinations sustained by totality of circumstances)
- Omari v. Holder, 562 F.3d 314 (5th Cir. 2009) (addressing exhaustion and jurisdiction for claims)