USCA11 Case: 19-15177 Date Filed: 03/02/2021 Page: 1 of 15 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 19-15177 Non-Argument Calendar ________________________ Agency No. A205-312-051 JIAN LIN PAN, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (March 2, 2021) Before JILL PRYOR, LUCK, and LAGOA, Circuit Judges. PER CURIAM: USCA11 Case: 19-15177 Date Filed: 03/02/2021 Page: 2 of 15 Jian Lin Pan seeks review of the Board of Immigration Appeals’ (“BIA”) final order affirming the immigration judge’s denial of his application for asylum, withholding of removal, and relief under the United Nations Convention Against Torture (“CAT”). Because substantial evidence supports the BIA’s decision affirming the immigration judge’s denial of such relief, we deny Pan’s petition. I. FACTUAL AND PROCEDURAL BACKGROUND Pan, a native and citizen of China, entered the United States on or about May 8, 2012, through Los Angeles, California. Upon arrival, Pan was interviewed by the Department of Homeland Security (“DHS”) through a Mandarin interpreter. Pan stated that he was from the Fujian Province in China, that he is married, that he has two children, and that he had fled his home country. He said that he paid a smuggler $20,000 to bring him to the United States after he had been fined in his home country for having a second child. When asked why he paid a smuggler instead of paying the fine, Pan responded that “[t]he bottom line, . . . [was] for [him] to come to the United States.” He claimed that his intention in doing so was to gain employment in the United States to earn money to send back to his family. Pan also claimed that he was a Roman Catholic for “[a] few months, maybe 6 months.” When asked to make the Roman Catholic sign of the cross, however, Pan was unable to do so, stating that “[i]t ha[d] been awhile” and that he was out of practice. 2 USCA11 Case: 19-15177 Date Filed: 03/02/2021 Page: 3 of 15 On May 23, 2012, Pan underwent a credible fear interview conducted by an asylum officer. During his credible fear interview, Pan stated that he left China on August 27, 2011, and lived in Taiwan until he flew to the United States on May 8, 2012. When questioned about why his Chinese passport indicated that he had returned to China and remained there from December 2011 to March 2012, Pan could not provide an answer. Pan also told the asylum officer that he feared returning to China because of the impending punishment for having a second child and because of his Catholic faith. Concerning his second child, he stated that his wife was sterilized after giving birth and that he too would be sentenced and sterilized if he returned. He gave conflicting dates for when his wife was sterilized, saying that the sterilization occurred on June 3, 2011, or June 6, 2011. When questioned …
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