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Keywords

asylumcredibility
asylumcredibility

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Yang v. Department of Justice

Facts

The key to the alien's asylum and withholding claims was that she was forcibly sterilized by Chinese authorities for violating China's 'one child' policy. The IJ found the alien's assertion of forced sterilization not credible. Based on inconsistent and implausible statements by the alien and her husband, substantial evidence supported the IJ's adverse finding. The alien argued that the IJ and BIA failed to give adequate consideration to her CAT claim because the IJ's adverse credibility finding could not 'bleed over' into the CAT analysis.

The key to the alien's asylum and withholding claims was that she was forcibly sterilized by Chinese authorities for violating China's 'one child' policy.

Issue

Whether the IJ's adverse credibility finding regarding the alien's claim of forced sterilization affected her claims for asylum, withholding of removal, and relief under the CAT.

Whether the IJ's adverse credibility finding regarding the alien's claim of forced sterilization affected her claims for asylum, withholding of removal, and relief under the CAT.

Rule

The BIA has held that forced sterilization constitutes a form of permanent and continuing persecution that qualifies an alien for asylum under the INA. However, the IJ's adverse credibility finding can affect the validity of claims under the CAT if the claims are based on the same factual allegations.

The BIA has held that forced sterilization constitutes a form of permanent and continuing persecution that qualifies an alien for asylum under the INA.

Analysis

The court upheld the IJ's determination that Yang was not credible with respect to her claim of forcible sterilization, which was supported by substantial evidence. The IJ's adverse credibility finding was deemed to fatally undermine Yang's requests for asylum and withholding of removal under the INA, as well as her CAT claim, since the latter was based on the same allegation of forced sterilization.

The court upheld the IJ's determination that Yang was not credible with respect to her claim of forcible sterilization, which was supported by substantial evidence.

Conclusion

The court denied the petition for review, affirming the IJ's decision as modified by the BIA's ruling.

The court denied the petition for review, affirming the IJ's decision as modified by the BIA's ruling.

Who won?

The United States government prevailed in the case because the court found that the IJ's adverse credibility finding was supported by substantial evidence, which undermined the alien's claims.

The United States government prevailed in the case because the court found that the IJ's adverse credibility finding was supported by substantial evidence, which undermined the alien's claims.

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