Ying Chen v. Eric Holder, Jr.

580 F. App'x 332
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 8, 2014
Docket13-3547
StatusUnpublished
Cited by5 cases

This text of 580 F. App'x 332 (Ying Chen v. Eric Holder, Jr.) 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.

Bluebook
Ying Chen v. Eric Holder, Jr., 580 F. App'x 332 (6th Cir. 2014).

Opinion

OPINION

VAN TATENHOVE, District Judge.

Petitioner Ying Chen is a citizen of China who came to the United States in November, 2008. A few months later, Chen filed an application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Chen now petitions this Court for review of the decision of the Board of Immigration Appeals (BIA or Board), which affirmed the immigration judge’s denial of her application. Chen argues that both the immigration judge and the BIA erred in finding that her testimony lacked credibility. Chen further contends that she met her burden of proof for establishing her eligibility for asylum, or for protection under the CAT, because she sufficiently demonstrated that she had suffered past persecution in China on account of her involvement with Falun Gong. However, because the Board’s finding of adverse credibility was supported by substantial evidence, we must DENY REVIEW.

I

Twenty-seven-year-old Petitioner Ying Chen was born and raised in the Fujian Province of China. Chen left China in the fall of 2008 to come to the United States. In December, 2008, the Department of Homeland Security served Chen with a Notice to Appear, alleging that she attempted to enter the United States with *334 out valid entry documents during the previous month. Chen successfully moved to change venue to the immigration court in Louisville, Kentucky, because her sponsor, who was also her aunt, lived in Kentucky. In May, 2009, Chen applied for political asylum, withholding of removal, and protection under the Convention Against Torture (CAT). In her application, Chen claims that she left China on October 30, 2008, with the help of smugglers, and came to the United States seeking asylum because she had been “persecuted by the Chinese government” due to her involvement with Falun Gong. 1 Chen also claims that if she returns to China she will be put in jail, tortured, and fined for leaving.

Immigration Judge Rebecca Holt held a hearing on June 14, 2011, to decide the merits of Chen’s claims. Chen’s application alleges that her mother had begun practicing Falun Gong in 2007 in order to improve her health, and that her mother eventually taught Chen’s father to practice Falun Gong as well. Chen testified that she herself never practiced Falun Gong, nor does she currently practice it in the United States. At the hearing, Chen answered further questions about the sole incident discussed in her application for asylum. According to her testimony, Chen was at home with her parents on March 8, 2008, when she saw two police officers come to the door. Chen testified that her parents were practicing Falun Gong with one of her uncles and an aunt, and that she let them all escape out the back door before answering the front door. When Chen opened the door, the police informed her that they suspected that someone in her home had been practicing Falun Gong, and they proceeded to search the house. Upon finding a Falun Gong video tape in the VCR machine, the police asked Chen where it came from. Chen said she told them that she found it outside on the street, but the police did not believe her and took her to the police station, where she was interrogated. According to Chen, the police asked her questions about where the video came from, who organized Falun Gong activities, and who she knew that was associated with Falun Gong. Although Chen told them she did not know anything about Falun Gong and did not practice it, she claimed that the police did not believe her and detained her anyway.

Upon further questioning about her detention, Chen testified that during her interrogation at the police station, the police hit her and kicked her when she did not answer their questions. Chen claimed that she lost consciousness from the beating and that when she woke up, she found herself “in a very small room.” After she woke up, the police interrogated her again. Chen alleged that she was detained at the police station for one week, during which the police interrogated her four times, and beat her at least three times. Upon cross-examination, Chen described her injuries from the alleged beatings as consisting of bruises and “soft tissue injuries” on her arms and neck, but conceded that she did not receive medical treatment.

Chen further testified that her family had to pay a fine of 10,000 RMB in order to obtain her release. Chen alleged that, as a condition of her release, she was *335 required to report to the local police office once every week and to submit a list of all known Falun Gong associates within the next three months. Chen testified that the police told her that if she did not comply with their demands, they would arrest and imprison her. Chen claimed that after she was released, she reported back to the police station on a weekly basis as required about ten times, but that as the three-month deadline approached, she went to live with an aunt in Fuzhou City in order to avoid the police because she had no intention of giving them the list of Falun Gong participants that would necessarily include her parents. Chen claimed that while she was staying with her aunt, she contacted her parents and discussed with them her fear of being arrested if she returned home. According to Chen, her parents told her that the police had come to their home to search for her several times.

Chen testified that she was able to use her own passport to leave China, and that on her way to the United States, she departed from the Hong Kong airport and stopped in Paris, France for a brief layover before arriving in Mexico. She claimed that she did not go to Thailand, although the government attorney pointed out that her passport contained a visa for Thailand. Chen’s passport contains no entry stamps for France, Mexico, or any other country. No one other than Chen testified at the hearing before the immigration judge.

After the hearing, Judge Holt issued her decision, denying Chen’s application for asylum, withholding of removal, and protection under the CAT. The immigration judge (IJ) rejected Chen’s claims because she found that Chen’s testimony was not credible and lacked corroboration. In particular, the IJ determined that Chen’s testimony contains several inconsistencies and also lacks detail concerning the place where she was detained, the types of injuries she allegedly suffered, the circumstances of the alleged beatings, and the number of police officers who purportedly interrogated and beat her. The IJ further noted that Chen’s testimony about leaving China and entering the United States did not explain why her passport lacked entry stamps for France or Mexico, nor how she was able to leave China while on the verge of being arrested by the Chinese police. Accordingly, the IJ concluded that Chen does not carry her burden of establishing a well-founded fear of persecution upon returning to China, and that, even if Chen’s testimony were credible, the alleged treatment does not rise to the level of past persecution.

The BIA affirmed the IJ’s decision on the issues of asylum, withholding of removal, and withholding of removal under the CAT.

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

Related

Manuel Guzman-Vazquez v. William P. Barr
959 F.3d 253 (Sixth Circuit, 2020)
Edith Moreno v. Jefferson B. Sessions, III
694 F. App'x 391 (Sixth Circuit, 2017)
Bibata Boureima Mamane v. Loretta Lynch
637 F. App'x 874 (Sixth Circuit, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
580 F. App'x 332, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ying-chen-v-eric-holder-jr-ca6-2014.