Fei Wang v. Merrick Garland


NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS OCT 20 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT FEI WANG, No. 15-72316 Petitioner, Agency No. A205-773-602 v. MEMORANDUM* MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted October 18, 2021** Pasadena, California Before: CALLAHAN and FORREST, Circuit Judges, and AMON,*** District Judge. Fei Wang, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (BIA) denial of asylum, withholding of removal, and relief * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). *** The Honorable Carol Bagley Amon, United States District Judge for the Eastern District of New York, sitting by designation. under the Convention Against Torture (CAT). Wang states that he is a Christian and fears that, if he is returned to China, he will be arrested for violating his release conditions. We have jurisdiction under 8 U.S.C. § 1252, and we deny Wang’s petition. 1. Wang challenges the BIA’s affirmance of the Immigration Judge’s (IJ) adverse credibility determination. “We review factual findings, including adverse credibility determinations, for substantial evidence.” Iman v. Barr, 972 F.3d 1058, 1064 (9th Cir. 2020). “The agency’s ‘findings of fact are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.’” Id. (quoting Silva-Pereira v. Lynch, 827 F.3d 1176, 1184 (9th Cir. 2016)). The IJ found that Wang was not credible based on his demeanor, omissions in his in-court testimony, inconsistencies between his written statement and in- court testimony, and lack of responsiveness to questions. The IJ noted that, when asked how he was baptized in Taiwan, Wang said he forgot. When asked about his practices when he returned to China, Wang gave a vague answer and said that his teacher was Lin, but then corrected his answer to Zhu and said that he didn’t know anyone with the name of Lin. However, Wang’s written statement named the pastor in Taiwan who baptized him as Lin. In his written statement, Wang recounted that, while detained following his arrest, he had “two steel tubes tied in the form of a cross tied around his neck and was placed in the yard and that it was 2 cold,” but Wang could not recall this in his testimony. Also, in his testimony before the IJ, Wang failed to mention that he was required to report weekly to the police. Although Wang claimed that he was baptized in the United States by Pastor Chui through submergence in water, when asked, Wang could not remember the significance of being baptized by full submersion. The BIA found that the IJ’s adverse credibility finding was supported by Wang’s demeanor, inconsistent testimony, and omissions. In particular, the BIA noted that Wang failed to provide “reasonably expected …

Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals