Facts
- Jinxue Lu, a native and citizen of China, applied for asylum, withholding of removal, and protection under the Convention Against Torture (CAT) due to feared persecution. [lines="18-19"].
- The Immigration Judge (IJ) denied Lu's applications based on an adverse credibility determination. [lines="19-20"].
- Key reasons for the IJ's decision included inconsistencies in Lu's testimony regarding fines or consequences from the birth of his first child and his voluntary return to China after traveling abroad. [lines="35-38"].
- Lu's timeline of events was deemed implausible and lacked sufficient corroboration. [lines="38"].
- The BIA affirmed the IJ's decision, leading Lu to petition for review in the Ninth Circuit. [lines="18", "28"].
Issues
- Whether the IJ's adverse credibility determination was supported by substantial evidence. [lines="29-30"].
- Whether the IJ's findings on Lu's inconsistent testimony affected the outcome of Lu's applications for relief. [lines="39"].
Holdings
- The Ninth Circuit held that the agency's adverse credibility determination was supported by substantial evidence. [lines="29"].
- The Court affirmed that the IJ’s credibility findings directly impacted key elements of Lu’s asylum claims, justifying the denial of relief. [lines="39"].
OPINION
Case Information
*1 In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS No. 20-1143V Filed: September 24, 2024 * * * * * * * * * * * * * SARA and JOSHUA STORM, * As parents and guardians of K.A.S., *
* Petitioner, * * v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, *
* Respondent. * * * * * * * * * * * * * * Kathleen Loucks, Esq. , Lommen Abdo, P.A., Minneapolis, MN, for petitioner. James Lopez, Esq. , US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION [1] Roth , Special Master:
On September 3, 2020, Sara and Joshua Storm (“petitioners”) filed a petition for compensation under the National Vaccine Injury Compensation Program on behalf of their minor son K.A.S. [2] Petitioners allege that their son developed transverse myelitis (“TM”) after receiving the combined diphtheria-tetanus-acellular pertussis (“DTaP”)/hepatitis B (“Hep B”)/inactivated polio (“IPV”), rotavirus, and/or Haemophilus influenzae type b (“Hib”) vaccines on July 18, 2017 and September 12, 2017. Stipulation, filed September 24, 2024, at ¶¶ 1-4. Respondent denies that any of the aforementioned immunizations caused petitioner’s injury. Stipulation at ¶ 6.
*2 Nevertheless, the parties have agreed to settle the case. On September 24, 2024, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. Respondent agrees to issue the following payment: a. A lump sum of $102,000.00, which amount represents compensation for first year life
care expenses and pain and suffering, in the form of a check payable to petitioners, Sara and Joshua Storm, as co-guardians of K.A.S.;
b. A lump sum of $50,000.00, which amount represents compensation for past unreimbursable expenses, in the form of a check payable to petitioners, Sara and Joshua Storm;
c. A lump sum of $15,742.03, representing reimbursement of a Wisconsin Department of Health Services lien for services rendered on behalf of K.A.S., in the form of a check payable jointly to petitioners and
Wisconsin Casualty Recovery 5615 High Point Drive Suite 100 Irving, TX 75038-9984 Case: 268738 Attn: Waunekee Mabone Petitioners agree to endorse this check to Wisconsin Casualty Recovery; d. An amount sufficient to purchase the annuity contract described in paragraph 10 of the Stipulation, paid to the life insurance company from which the annuity will be purchased. These amounts represent compensation for all damages that would be available under § 300aa-15(a).
I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance with this decision. [3]
IT IS SO ORDERED.
s/ Mindy Michaels Roth Mindy Michaels Roth Special Master
NOTES
[1] Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access.
[2] National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). 1
[3] Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review. 2