556 F. App'x 466
6th Cir.2014Background
- Ni, a Chinese citizen, married in 2002 and has four children; she alleges forced IUD, fines for removal, and later persecution for Christian practice.
- She claims a 2009 conversion to Christianity and arrest for attending an underground church; alleges a 2009 forced abortion.
- In 2010 Ni entered the U.S. on a B-1 visa, filed for asylum, withholding, and CAT protections; she asserted persecution by Chinese authorities.
- The IJ found Ni not credible due to inconsistencies and evasive responses; the BIA affirmed the IJ’s credibility ruling and lack of corroboration.
- The court reviews the BIA’s decision de novo on legal conclusions and under substantial-evidence review for credibility and factual findings.
- Ni seeks review of the BIA’s denial of asylum, withholding of removal, and CAT protection.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Credibility of Ni’s testimony | Ni’s credibility supported by history | IJ/BIA found inconsistent and nonresponsive statements | Credibility not established; substantial evidence supports denial |
| Corroboration requirements | Corroboration not required if credible | Corroboration reasonably expected from husband and mother-in-law | Reasonable corroboration not provided; affirmed failure to corroborate |
| Future persecution well-founded fear | Continued Christian practice creates well-founded fear | Record shows variable State Dept. findings and no concrete threat | No well-founded fear; speculative and insufficient evidence |
| W or CAT relief eligibility | If asylum denied, withholding and CAT should be considered | Same underlying credibility issues defeat all relief | Denial of withholding and CAT affirmed; linked to asylum denial |
Key Cases Cited
- Morgan v. Keisler, 507 F.3d 1053 (6th Cir. 2007) (BIA de novo review; overall framework for review)
- Khalili v. Holder, 557 F.3d 429 (6th Cir. 2009) (adopts IJ reasoning; deference to BIA/IJ)
- Khozhaynova v. Holder, 641 F.3d 187 (6th Cir. 2011) (substantial-evidence standard applies to credibility)
- Urbina-Mejia v. Holder, 597 F.3d 360 (6th Cir. 2010) (corroboration may be required when reasonably obtainable)
- Lin v. Holder, 565 F.3d 971 (6th Cir. 2009) (reasonable corroboration expectations under 8 U.S.C. § 1158(b)(1)(B)(ii))
- Dieng v. Holder, 698 F.3d 866 (6th Cir. 2012) (well-founded fear requires specific, real threat evidence)
- Ben Hamida v. Gonzales, 478 F.3d 734 (6th Cir. 2007) (CAT analysis tied to asylum credibility)
- Berri v. Gonzales, 468 F.3d 390 (6th Cir. 2006) (asylum/withholding burden alignment)
- Allabani v. Gonzales, 402 F.3d 668 (6th Cir. 2005) (burden framework for asylum)