Lingjian Zhu v. U.S. Attorney General

222 F. App'x 871
CourtCourt of Appeals for the Eleventh Circuit
DecidedMarch 15, 2007
Docket06-14421
StatusUnpublished

This text of 222 F. App'x 871 (Lingjian Zhu 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
Lingjian Zhu v. U.S. Attorney General, 222 F. App'x 871 (11th Cir. 2007).

Opinion

*872 PER CURIAM:

Lingjian Zhu, a native and citizen of China, petitions this Court for review of the Board of Immigration Appeals’s (“BIA”) affirmance of the immigration judge’s (“IJ”) decision denying his applications for asylum and withholding of removal under the Immigration and Nationality Act (“INA”), 8 U.S.C. §§ 1158, 1231, 8 C.F.R. § 208.16. Zhu argues that substantial evidence supported his claim that he suffered past persecution in China, and had a well-founded fear of future persecution if returned to China, on account of his political opinion and membership in a particular social group. For the reasons set forth more fully below, we deny Zhu’s petition for review.

Zhu entered the United States on September 26, 2003 without valid entry documents. Upon his entry at the Miami International Airport, Zhu provided a record of sworn statement to an officer of the former Immigration and Naturalization Service (“INS”). 1 The immigration officer asked Zhu a series of questions and Zhu provided the following information. Zhu was born in China on November 15, 1984 and entered the United States to apply for political asylum. He had never been arrested before at any time or place. He left China on October 10, 2002 because he was afraid that he would be sent to jail. Zhu then went to Vietnam, where he stayed for one year before traveling to the United States.

On October 1, 2003, the INS issued Zhu a notice to appear (“NTA”), charging 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 not in possession of valid entry documents at the time of entry into the United States. On that same day, Zhu underwent a credible fear interview with an immigration officer. Zhu stated that, in October 2002, the police came to his family’s house in China and informed Zhu’s family that his father was involved in Falun Gong activities. Zhu’s father was a publisher and the police found Falun Gong books in his possession. The police then took Zhu and his father, mother, and sister to the police station. After two days of being detained at the police station, Zhu’s relatives bailed him out of jail, but they did not bail out the other members of his family because it was too expensive. Zhu’s relatives told him to leave the country.

On March 17, 2004, Zhu filed an application for asylum, withholding of removal, and relief under the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (“CAT”), based on his political opinion and membership in a particular social group. Zhu stated in his application that his father owned a small bookstore that sold Falun Gong books. In October 2002, the police came and searched his family’s house and found Falun Gong books in a closet. The police took Zhu and his family to the police station and detained them there. After two days, Zhu’s relatives bailed him out of jail, but his parents and sister remained in jail until the middle of 2003. Zhu thereafter left China with the help of his relatives.

Zhu appeared for his removal hearing in March 2005. Zhu testified that he was born on October 15, 1985. He stated that his father owned a small bookstore and Zhu helped his father in the store. The Chinese government had prohibited the practice of Falun Gong, but Falun Gong *873 books were popular, so Zhu’s father continued to secretly sell the books. Zhu testified that neither he nor any member of his family ever practiced Falun Gong. The police came to Zhu’s house on October 8, 2002 and found Falun Gong books in their cabinet. The police burned the books and took Zhu and his family to the police station. According to Zhu, one of the officers kicked him in the abdomen and then other officers beat him with their hands and a baton until he fainted. Zhu also testified that, when he got out of jail, his entire body was covered with bruises. Zhu witnessed the officers beating his father as well.

Zhu remained in jail for two or three days, but the rest of his family was in jail until September 2003. Zhu testified that he was the only person bailed out of jail because his family did not have a lot of money and his father asked his relatives to bail Zhu out first because he had severe injuries. Zhu did not go to a doctor after he was released from jail because he was afraid he would be sent back to jail and because he only had one day until he had to report back to the police. Zhu’s relatives had arranged for a “snakehead” to help him leave China.

On cross-examination, Zhu testified that he did not mention in his asylum application or credible fear interview that he had been beaten because it did not ask him that question. Zhu stated that he did tell the immigration officer and his lawyer about the beating, but that they did not record that information. The government then asked Zhu why he did not testify that he was hung from the ceiling with his hands behind his back and had cold water thrown on him, as his father described in a letter that was admitted into evidence. Zhu responded that it was a long time ago and it was normal that he would forget certain details. Zhu stated that his family bailed him out rather than his younger sister because in Chinese culture the parents like the male child more than the female child.

The government also pointed out that Zhu’s asylum application and his birth certificate indicated that he was born on November 15, 1985, but that he testified that he was born on October 15, 1985. Zhu acknowledged that his birthday was in November and the translator then told the IJ that she had mistakenly thought that Zhu had originally said October. Zhu also stated that he indicated when he arrived in the United States that he was born in 1984, rather than 1985, because the snakehead and his lawyer in China told him that if he was too young he would not be able to bail out of jail and he would be sent back to China. Zhu further testified that his family raised 50,000 Ren Mien Bi (RMB) to bail him out of jail and $65,000 to get him to the United States. The government asked Zhu why his family would collect all of that money' to send him to the United States rather than get his father, mother, or sister out of jail. Zhu stated that he did not know.

In support of his applications, Zhu submitted (1) his notarial birth certificate, (2) a household register, (3) his father’s residential identification card, (4) a letter from his father, and (5) family photographs. Zhu’s birth certificate indicated that he was born on November 15, 1985. The household register indicated that Zhu lived with his father, mother, and sister in China. Zhu’s father’s residential identification card was issued on December 11, 2003 and included his name, date of birth, and address. Zhu’s father wrote his letter on February 16, 2005 and stated that the police came to his house in October 2002. He indicated that the police destroyed all of his books and damaged his furniture beyond repair. He further stated that the *874 police arrested his entire family and detained them.

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B
21 I. & N. Dec. 66 (Board of Immigration Appeals, 1995)

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