Jiu Shu Wang v. U.S. Attorney General

152 F. App'x 761
CourtCourt of Appeals for the Eleventh Circuit
DecidedSeptember 28, 2005
Docket05-11125; BIA A96-442-100
StatusUnpublished
Cited by3 cases

This text of 152 F. App'x 761 (Jiu Shu Wang v. U.S. Attorney General) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jiu Shu Wang v. U.S. Attorney General, 152 F. App'x 761 (11th Cir. 2005).

Opinion

PER CURIAM.

Jiu Shu Wang, a native and citizen of China, petitions this court, through counsel, for review of the Board of Immigration Appeals’ (“BIA’s”) order adopting and affirming the immigration judge’s (“IJ’s”) decision denying his application for asylum, withholding of removal, and United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (“CAT”) relief. Because the evidence does not compel a finding that Wang suffered past persecution or has a well-founded fear of future persecution on account of one of the five statutory factors, we AFFIRM the BIA’s denial of asylum. Substantial evidence also supports the BIA’s and IJ’s determination that Wang was not entitled withholding of removal. Moreover, substantial evidence supports the IJ’s adverse credibility determination. Accordingly, we DENY the petition.

I. BACKGROUND

Wang, a native and citizen of China, entered the United States on 10 May 2003. See AR at 574, 594. On 14 May 2003, the Immigration and Naturalization Service (“INS”) issued a notice to appear (“NTA”) to Wang, charging him with removability pursuant to INA § 212(a)(6)(C)®, 8 U.S.C. § 1182(a)(6)(C)®, as an alien who, by fraud or willfully misrepresenting a material fact, sought to procure a visa, other documentation, or admission into the United States or other benefit under the INA. The NTA also charged him with removability pursuant to INA § 212(a)(7)(A)(i)(I), 8 U.S.C. § 1182(a)(7)(A)(i)(I), as an immigrant who, at the time of application for admission, was not in possession of a valid unexpired immigrant visa or other valid entry document as required by the INA, and did not possess a valid passport as required under the regulations issued by the Attorney General.

In his credible fear interview, Wang stated that he left China because he needed to “make a living” because there was “nothing to do at home” and he could “not make a living” in China. Id. at 126. The asylum officer found that Wang established a credible fear of persecution, however, based on Wang’s fear of being punished for violating China’s coercive family planning policies. Id. at 119-21.

*763 On 4 June 2003, Wang applied for asylum and withholding of removal under the INA and relief under the CAT based on his political opinion. He stated in his application that he was male, single, and did not have any children. Wang stated that while in China, he resided in Fujian. Wang stated that since April 2003, the “Chinese government wanted to jail [him] on account of [his] violation of [the] family planning policy by making [his] girl friend pregnant before marriage.” Id. at 563. He averred that his girlfriend became pregnant and they could not register to marry because they were too young. Wang stated that their families were preparing a traditional marriage for them. However, on 11 April 2003, while Wang was in class, his grandmother informed him that he should hide with relatives because the government was seeking him and wanted to put him in jail. He stated that if he were forced back to China, he would be “arrested, jaded and mistreated by [the] Chinese government because [he] violated [the] family planning policy and left China illegally.” Id. at 563, 568.

In addition to his application, Wang provided a sworn statement supplementing his asylum application. Id. at 176. Wang indicated that he was also claiming political asylum based on his parents’ family planning problems. Wang stated that his mother “told” him that she was forcibly sterilized in May 1989 when Wang was approximately four years old. Wang stated that his family was composed of his mother, father, and younger sister, and he dreamed of having a “big family” to carry on his family name. He also included a picture of him with his girlfriend. Id. at 185.

The record contained the U.S. State Department’s 2002 Country Reports on Human Rights Practices for China (“2002 Country Report”), which indicated that China’s “one-child policy” was becoming more relaxed, especially in rural areas. Id. at 521 -22. The Country Report observed that official policy prohibited forced abortions or sterilizations, but there were instances in which family planning officials used intense pressure and coercion, including forced abortions and sterilization, to meet government goals. Id. at 522. In order to delay childbearing, the Marriage Law set a minimum age to marry, 20 years for women and 22 years for men. Id. at 523. It was illegal in almost all provinces for a single woman to bear a child, but Jilin Province passed a law making it legal if the woman “intends to remain single for life.” Id. China had a “floating population” of between 80 and 130 million economic migrants who left their home to seek work in other areas. Id. at 532.

Additionally, the record included the China Country Assessment for October 2002 (“Country Assessment”), which was prepared by the United Kingdom’s Country Information and Policy Unit, Immigration and Nationality Directorate, Home Office. Id. at 273. According to the Country Assessment, China began implementing the one-child policy in the 1970s. Id. at 309. The policy was enforced primarily by local authorities, through the use of fines, withholding of social services, and other disciplinary measures. Id. at 310. The Country Assessment further stated that the birth-control policy is enforced less strictly in Fujian, where “forced abortion and sterilization [are] no longer tolerated.” Id. at 311-12. In Fuji-an, fines are referred to as “social subsidy fees,” and local authorities often encountered difficulties in collecting the fines. Id. at 312. Many asylum seekers, particularly those from Fujian Province, enlist the services of people-smugglers, known as “snakeheads,” to provide them with fraudulent documents with which they can obtain asylum. Id. at 327. The documents *764 provided include false sterilization and abortion certificates, and, according to one specialist on the population of China, “in some U.S. cities there are Chinese entrepreneurs who for $100 will supply an asylum applicant with an affidavit in English in which all of the answers are sheer invention.” Id. at 327-28.

The Country Assessment indicated that China accepts the repatriation of citizens who have entered other countries illegally. Id. at 375. It stated that returnees generally are fined. It further stated that those who have been repatriated a second time are typically sent to labor camp, and people identified as smugglers are criminally prosecuted. Id. The record also contained five previous Country Reports, as well as numerous other articles and reports reiterating China’s family planning policies. Id. at 133-545.

On 10 June 2003, Wang admitted to the allegations in the NTA and conceded removability. Id. at 63, 67.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Shi Liang Lin v. United States Department of Justice
494 F.3d 296 (Second Circuit, 2007)
S-L-L
24 I. & N. Dec. 1 (Board of Immigration Appeals, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
152 F. App'x 761, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jiu-shu-wang-v-us-attorney-general-ca11-2005.