Wang v. Sessions
9th Cir.; 14-72469 The court of appeals denied a petition for review of an order of the Board of Immigration Appeals. The court held that there was no…
July 05, 2017 at 06:13 PM
5 minute read
9th Cir.;
14-72469
The court of appeals denied a petition for review of an order of the Board of Immigration Appeals. The court held that there was no error in an immigration judge's findings that an asylum applicant's testimony was not credible.
Yali Wang legally entered the United States, but overstayed the six-month period authorized by her tourist visa. She timely applied for asylum, withholding of removal, and CAT relief. At hearing on her application, Wang testified to having been forced both to use contraception and to have an abortion while living with her husband in China. However, the IJ identified a number of discrepancies in the documentary evidence submitted by Wang. Although Wang was born on November 26, 1968, her marriage certificate showed her date of birth as November 20, 1968, with the “20” scratched out and “26” written above it. An erroneous character in her name had also been scratched out with the correct character written above it, and her husband's date of birth had also been scratched out and replaced. Also, the photographs of Wangs' husband on her marriage certificate and his marriage certificate were different. The IJ also questioned the documentation submitted by Wang to substantiate her medical claims, finding no evidence corroborating the legitimacy of the records and finding that the records did not corroborate Wang's testimony. In light of these and other issues, the IJ determined that Wang had not carried her burden of establishing eligibility for asylum and withholding of removal. The IJ also rejected Wang's CAT claim, which relied on the same evidence. The Board of Immigration Appeals dismissed Wang's subsequent appeal.
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