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Keywords

torttestimonyasylumcredibility
torttestimonyparoleasylumnaturalizationrespondentcredibility

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Enying Li v. Holder

Facts

Enying Li, a citizen of China, entered the U.S. without admission and applied for asylum, claiming religious persecution and forced abortion under China's population control measures. During her testimony, she provided conflicting accounts regarding her involvement in a home church and the timeline of her passport application. The IJ found her testimony not credible, particularly noting contradictions that went to the heart of her claims.

Li, a citizen of China of Korean and Chinese descent, entered the United States without being admitted or paroled. She filed an application for asylum, withholding of removal under the Immigration and Nationality Act, and withholding of removal under CAT, claiming she had suffered religious persecution and had been subject to China's restrictive population control measures. Subsequently, the former Immigration and Naturalization Service commenced removal proceedings against Li by filing a Notice to Appear and charging her with removability for being present in the United States without having been admitted or paroled.

Issue

Whether an alien was properly denied asylum, withholding of removal pursuant to the Immigration and Nationality Act, and withholding of removal pursuant to the Convention Against Torture.

ISSUE: Whether an alien was properly denied asylum, withholding of removal pursuant to the Immigration and Nationality Act, and withholding of removal pursuant to the Convention Against Torture.

Rule

An immigration judge may use the maxim 'falsus in uno, falsus in omnibus' to find that material inconsistencies in testimony regarding one claim support an adverse credibility determination on another claim in a pre-REAL ID Act case.

: An immigration judge may use the maxim falsus in uno, falsus in omnibus (i.e. false in one thing, false in everything) to find that material inconsistencies in testimony regarding one claim support an adverse credibility determination on another claim in a pre-REAL ID Act case.

Analysis

The court applied the rule by examining the inconsistencies in Li's testimony, particularly regarding her church attendance and the timeline of her passport application. The IJ determined that these inconsistencies were material and undermined her credibility, which was central to both her claims of religious persecution and forced abortion. The court found that the IJ's adverse credibility determination was supported by substantial evidence.

The IJ denied Li's applications for asylum, withholding of removal, and CAT relief. He found that she had not provided credible testimony in two ways: (1) she provided contradictory testimony regarding the circumstances surrounding the receipt of her passport, and (2) she testified that she was not baptized in China because she was a new church member and had not participated in church services for the requisite six to twelve months, but she also testified that she had attended for a period of nineteen months (from April 6, 2003, until her arrest on November 7, 2004). The IJ held that '[t]he testimony goes to the heart of her claim and causes the Court to doubt her credibility regarding her participation in Chinese home church activities.'

Conclusion

The Ninth Circuit affirmed the IJ's decision, denying Li's petition for asylum and withholding of removal.

We hold the maxim falsus in uno, falsus in omnibus may be used by an immigration judge, and we deny Li's petition.

Who won?

The government prevailed in this case as the court upheld the IJ's decision to deny Li's asylum application based on credibility issues.

The BIA affirmed the IJ's denial of relief, found that the discrepancies went to the heart of Li's religion-based asylum claim, and held: 'The respondent's lack of credibility as to these issues also taints her credibility with respect to her forced-abortion claim.'

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