Case: 18-60842 Document: 00515408858 Page: 1 Date Filed: 05/07/2020 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 18-60842 May 7, 2020 Summary Calendar Lyle W. Cayce Clerk YONG-KOOK KIM, also known as Yong-Kock Kim; FENGLIAN LU, Petitioners, v. WILLIAM P. BARR, U. S. ATTORNEY GENERAL, Respondent. Petition for Review of an Order of the Board of Immigration Appeals BIA No. A087 879 344 BIA No. A089 114 719 Before KING, GRAVES, and WILLETT, Circuit Judges. PER CURIAM: * Married Chinese citizens Yong-Kook Kim and Fenglian Lu entered the United States in 2009 without having been admitted or paroled. They have filed a petition seeking review of the order from the Board of Immigration Appeals (BIA) denying their applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Case: 18-60842 Document: 00515408858 Page: 2 Date Filed: 05/07/2020 No. 18-60842 Kim and Lu are Chinese natives of Korean descent. Kim testified that he was arrested after he got into a physical altercation with developers trying to buy his farmland. According to Kim, the police said that Korean minorities “always pick a fight” and are “always the troublemakers.” The police then beat Kim for about 15 minutes, banging his head against a desk and striking him with a baton. They accused him of being uncooperative and held him in a cell for five days. After Kim confessed and agreed to sell his land to the developers, the police fined him 5,000 yuan, released him, and directed him to report to them weekly. Kim decided to leave China for “a few years” in the hope that things would “settle[] down.” According to Lu, when Kim failed to report to the police as required following his release from custody, the police came to their house looking for Kim to sign papers to convey the property as he had agreed. Lu told them that she did not know where Kim was, and the police took her into custody. Lu testified that the police bound her legs and hands to a chair and said many “ugly[,] dirty words” to her. She claimed that the police slapped her and cursed at her. They also “kind of shocked [her]” using electric shocks. Every time Lu tried to fall asleep, the police put her in ice water and “put a big light in [her] face [so] that [she] couldn’t sleep.” Lu testified that she was detained for two days. Once Lu signed the land over to the developers, she was paid 5,000 yuan and released without conditions. Lu testified that she had to leave China because she lost “all the farmland” due to her Korean ethnicity. She claimed that she could not return to China because Kim would be detained ...
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