Zhitian Zhang v. Eric Holder, Jr.

542 F. App'x 458
CourtCourt of Appeals for the Sixth Circuit
DecidedOctober 24, 2013
Docket12-4570
StatusUnpublished
Cited by2 cases

This text of 542 F. App'x 458 (Zhitian Zhang 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
Zhitian Zhang v. Eric Holder, Jr., 542 F. App'x 458 (6th Cir. 2013).

Opinion

ROGERS, Circuit Judge.

Chinese citizen Zhitian Zhang petitions for review of a decision of the Board of Immigration Appeals affirming the rejection of Zhang’s application for political asylum by an Immigration Judge. The scant evidence Zhang presents on the record is insufficient to compel us to overturn the agency’s finding that Zhang failed to meet his burden of proof that he is a “refugee.” Because the agency was reasonable in finding that Zhang should have supported his claims with corroborating evidence, Zhang’s petition must be denied.

Zhang is a native and citizen of the People’s Republic of China who initially entered the United States as a nonimmi-grant visitor for pleasure. After Zhang’s visa expired, Zhang was issued a Notice to Appear alleging that he was deportable for not being a citizen and overstaying his visa without authorization. Zhang conceded the factual allegations that establish his removability and requested political asylum, withholding of removal, and relief under the Convention Against Torture.

Based on an unsworn statement accompanying Zhang’s application for asylum and Zhang’s live testimony at his removal hearing, his story is as follows:

While returning to China from travels in Southeast Asia on March 4, 2006, Zhang was arrested at Shenyang Taoxian International Airport by Chinese customs officials who had discovered a Falun Gong pamphlet among his belongings. The police questioned him about his relationship with Falun Gong, and when Zhang denied any association, the police told him he was “too stubborn” and beat him: “[T]wo policemen, one grabbing [Zhang’s] left hand and the other [his] right hand, bent [his hands] onto [his] back, locked them on an iron grate and smashed [his] head with their fists.” Zhang was sent to a detention center, where he was interrogated three times in four days and “suffered severe injuries physically and psychologically.” On March 7, 2006, Zhang signed an agreement that he would report to the police station weekly, after which he was fined 5000 yuan, released, and placed under resi *460 dential surveillance. Two days later on March 9, 2006, Zhang sought medical attention for a headache. Zhang claims that after this incident he reported to the Min Zhu police station about twenty times and was visited by the police at home. He also claims to have been terminated from his job. Questioning how he could “live in a country without freedom and human rights,” Zhang arranged to come to the United States. Because he “fled during the period of residence surveillance,” he claims that he would be arrested and jailed if he were to return to China.

Zhang submitted several documents to corroborate his story: his entry record into the United States; his Chinese passport documenting his travels throughout Asia in early 2006; a “receipt for special payment” made on March 8, 2006, in the amount of 5000 yuan, issued by the Sujia-tun Public Security Bureau; and a medical record from Sujiatan District dated March 9, 2006, about a complaint of “[hjead trauma for twenty hours.”

The Immigration Judge (IJ) denied Zhang’s application for asylum, relying largely on an adverse credibility determination based on lack of detail, inconsistency, implausibility, and lack of corroboration. The IJ found that Zhang provided inadequate detail regarding the four-day detention, beatings, and interrogation or his interaction with police after he was released. The IJ emphasized inconsistencies between Zhang’s testimony and the documentary evidence: while Zhang said that he was arrested on March 4, his passport indicates that he returned to China on March 3; Zhang claims that he was released on March 7, but the receipt for the fine is stamped with the date March 8; while Zhang claims that he waited until the second day after his release to see the doctor, the medical record indicates that his injury was sustained 20 hours before the appointment; and lastly, while Zhang stated that he went to the doctor for “severe headaches,” the doctor’s report indicated that he was diagnosed with dizziness and nausea. The IJ also found it implausible that Zhang would have been able to leave China so easily if he were actually under police surveillance, and faulted Zhang for not providing corroborating evidence from his family in China.

Furthermore, the IJ found that the treatment described by Zhang, even if true, did not amount to past persecution. Nor did Zhang demonstrate with corroborating evidence a well-founded fear of future persecution. The IJ then dismissed Zhang’s claims for withholding of removal and relief under the Convention against Torture, which both require a greater showing than the asylum claim.

On appeal, the Board of Immigration Appeals (BIA) affirmed the IJ’s decision, emphasizing the inconsistencies in Zhang’s account and “his repeated insistence on the dates” even after being confronted with the inconsistencies. The BIA found Zhang’s fear that his family would be persecuted for sending letters of corroboration to be “speculative,” and thus upheld the IJ’s findings that Zhang should have produced corroborating evidence and that such evidence was reasonably available. Zhang’s petition for review followed.

This court’s review of a final order of removal is governed by the Immigration and Nationality Act as amended by the Real ID Act of 2005, Pub.L. No. 109-13, 119 Stat. 302 (codified at 8 U.S.C. § 1252). Under the Act, “administrative findings of fact are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.” 8 U.S.C. § 1252(b)(4)(B). The IJ’s decision need only be “supported by substantial evidence.” Hachem v. Holder, 656 F.3d 430, 434 (6th Cir.2011). “An IJ’s credibility *461 determinations are also considered findings of fact and are reviewed under the substantial evidence standard.” Id. The need for and availability of corroborating evidence are also reviewed under the substantial evidence standard. See 8 U.S.C. § 1252(b)(4)(D).

Although the IJ was extremely strict in making an adverse credibility finding that emphasized relatively minor, explainable discrepancies, 1 it was reasonable for the IJ to determine that Zhang should have supported his petition with corroborating evidence. Regardless of whether Zhang’s testimony is deemed credible, the IJ may still require corroborating evidence in order for Zhang to meet his burden of proof. 8 U.S.C. § 1158(b)(l)(B)(ii). “[Wjhere it is reasonable to expect corroborating evidence for certain alleged facts pertaining to the specifics of an applicant’s claim, such evidence should be provided.” Lin v. Holder, 565 F.3d 971, 977 (6th Cir.2009) (quoting Dorosh v. Ashcroft, 398 F.3d 379, 382 (6th Cir.2004)).

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542 F. App'x 458, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zhitian-zhang-v-eric-holder-jr-ca6-2013.