Bi Qing Zheng v. Loretta Lynch

819 F.3d 287, 2016 FED App. 0081P, 2016 U.S. App. LEXIS 6267, 2016 WL 1359265
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 6, 2016
Docket15-3758
StatusPublished
Cited by55 cases

This text of 819 F.3d 287 (Bi Qing Zheng v. Loretta Lynch) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bi Qing Zheng v. Loretta Lynch, 819 F.3d 287, 2016 FED App. 0081P, 2016 U.S. App. LEXIS 6267, 2016 WL 1359265 (6th Cir. 2016).

Opinion

OPINION

CLAY, Circuit Judge.

Petitioner Bi Qing Zheng filed an application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). See 8 U.S.C. §§ 1158(a), 1231(b)(3)(A); 8 C.F.R. 208.16(c). An immigration judge (“U”) denied the application'and ordered Zheng removed from the United States to China. The Board of Immigration Appeals (“BIA”) dismissed Zheng’s appeal, and she subsequently filed this petition seeking review of the BIA’s order. For the reasons set forth below, we DENY the petition for review.

BACKGROUND

Zheng, a native and citizen of the People’s Republic of China, entered the United States without inspection by crossing the Mexican border on May 9, 2014. Zheng entered the United States with her twenty-two year old son, Yú Fan Chen. Following & credible fear interview, in which Zheng claimed that she was arrested by the police in China and threatened with harm unless she stopped practicing Christianity, the Department of Homeland Security (“DHS”) initiated removal proceedings against Zheng by filing a Notice to. Appear in immigration court. The notice charged that Zheng was subject to removal under 8 U.S.C. § 1182(a)(6)(A)(i), as an alien present in the United States without being admitted or paroled.

Zheng submitted a written pleading admitting the allegations in the Notice to Appear and conceding removability. On November 26, 2014, she filed an application for asylum, withholding of removal-, and protection under the CAT, claiming that she had a well-founded fear of persecution on the basis of her religion. Zheng claimed that she feared returning to China because the police would arrest her for being a Christian. In her November 2014 application, Zheng stated,. “I am afraid that the Chinese government will arrest and detain me for being a Christian. When I am imprisoned, [I] will be tortured for my religious beliefs. They will beat me and starve me,, they will inflict bodily harm on me.” Admin. R. at 1258.

Beginning on September 23,. 2014 and ending on February 6, 2015, a merits hearing was held before the IJ on Zheng’s application. Zheng was represented by counsel and called four witnesses to testify in support of her application for relief from removal. She also submitted to the immigration court three virtually identical letters purportedly one from each ■ of her three sisters.

The first witness, Hok Kóng Lam, testified that he has known Zheng’s husband for more than ten years, having been his business partner in the United States. Lam, however, had never met Zheng personally. When asked whether he knew the reason why Zheng came to the United States, Lam said that Zheng had a “problem with her church ... when she was in China.” Id, at 853-54.

*292 The second witness, Mei Wang, testified that she met Zheng through Wang’s jail ministry group while Zheng was imprisoned in Battle Creek, Michigan in May 2014. 1 Since then, Wang met with Zheng six times at the detention facility where they discussed “God’s teaching, that kind of thing.” Id. at 893-94. Wang learned from Zheng that Zheng’s son was arrested in China “[bjecause he went to church.” Id. at 898. Wang also testified that Zheng was a “true believer in Christianity,” even being baptized by Wang’s church while in detention. Id. at 899-900.

Zheng’s husband, Hong Xiang Chen, testified next. Chen testified that his wife and son participated in a church in China and that their son was arrested and detained for fifteen days because of it. Chen said his wife came to the United States “because of our son, in the future, he would be persecuted again.” Id. at 918. Chen also said that Zheng feared being arrested by the police because she passed out flyers for her church.

Yu Fan, Zheng’s son, also testified on Zheng’s behalf. Yu Fan explained that he was arrested in China in February 2014 for participating in an underground Christian church at his friend’s house. He said the police took him to the precinct where they told him the gathering was illegal and beat him with a book and a baton. The police then asked Yu Fan for the name of his pastor and asked who else participated in the church group. But Yu Fan did not give the police any of this information, despite being detained for fifteen days and “beat up at least six or seven times.” Id. at 942. When he was released from custody, Yu Fan went home and told Zheng that he refused to give the police any information.

Zheng testified after Yu Fan was excused. She said she feared returning to China because the police would arrest her for practicing Christianity. When the IJ asked Zheng which particular branch of Christianity she follows, Zheng replied, “I just believe in God. I just start to believe in God, so I am not clear.” Id. at 954. Zheng explained that she joined the Christian Hua Xiang Church in Fuzhou, China in November 2013, and that the church is comprised of about forty or fifty participants. Zheng said she handed out flyers for the church “once a while, but not often,” even though she did not know what those flyers actually, said.. Mat 958.

Zheng testified that she had never been arrested by the police for practicing Christianity. But her son, on the other hand, was arrested for participating in “his friend’s house church.” Id. at 961. Zheng also said that she and her son belonged to different church groups. When the IJ asked Zheng why she stated in her asylum application that she and her son attended the same church group, Zheng answered, “Because I was locked up here for nine months, maybe I made a mistake. I forgot.” Id. at 970.

On cross-examination, when counsel for the DHS asked Zheng whether her sisters could write, Zheng replied, “They did not study much and I haven’t seen them write anything at all.” Id. at 1001. Zheng also said that she was unaware her sisters had submitted letters on her behalf. Counsel for the DHS also asked Zheng about three visa applications she had submitted in 2012 and 2013 to come to the United States. In one of the forms submitted in connection with the application, Zheng stated that she attended high school and owned a furni *293 ture store in China. However, Zheng admitted that this information was false and explained that someone else filled out the form for her.

Later, on redirect, Zheng stated that the police in China knew about her religious beliefs because Yu Fan told the police she was a Christian. But the- IJ informed Zheng that Yu Fan did not say that when he testified on direct examination. Zheng then said that “[m]aybe [Yu Fan] forgot to say [that] in his testimony, but . he did come home and tell me.” Id. at 1038.

The DHS then recalled Yu Fan to testify. This time, Yu Fan said he told the police Zheng was a Christian, even though he knew doing so would risk her also being arrested and beaten. Yu Fan also.said he told Zheng that the police knew she was a Christian.

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819 F.3d 287, 2016 FED App. 0081P, 2016 U.S. App. LEXIS 6267, 2016 WL 1359265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bi-qing-zheng-v-loretta-lynch-ca6-2016.