In the United States Court of Appeals For the Seventh Circuit ____________________ No. 22-2177 MEIXIANG CUI, Petitioner, v. MERRICK B. GARLAND, Attorney General of the United States, Respondent. ____________________ Petition for Review of an Order of the Board of Immigration Appeals. No. A201-004-428 ____________________ SUBMITTED NOVEMBER 30, 2022 * — DECIDED JUNE 16, 2023 ____________________ Before WOOD, JACKSON-AKIWUMI, and LEE, Circuit Judges. LEE, Circuit Judge. Meixiang Cui petitions for review of the denial of her application for asylum, withholding of removal, and protection under the Convention Against Torture. The * We granted the joint motion to waive oral argument, and the appeal is therefore submitted on the briefs and the record. FED. R. APP. P. 34(a)(2)(C). 2 No. 22-2177 immigration judge found that Cui was not credible due to her inconsistent and evasive testimony. The Board of Immigra- tion Appeals affirmed. Because substantial evidence supports the adverse credibility determination, we deny Cui’s petition for review. I. Background A. Factual Background Cui, a 52-year-old woman, is a citizen of China. In April 2011, she entered the United States on a temporary business visa. In October 2011, Cui filed an application for asylum, see 8 U.S.C. § 1158, and withholding of removal, see id. § 1231(b)(3), under the Immigration and Nationality Act. She also applied for protection under the Convention Against Torture, see 8 C.F.R. § 1208.16(c). In her application, Cui asserted that Chinese officials had previously forced her to undergo two involuntary abortions, and she feared that authorities would forcibly sterilize her if she returned to China. Cui submitted an affidavit in support of her application. According to the affidavit, Cui gave birth to her only child in April 1999. Family-planning officials then forced Cui to insert a contraceptive ring (also called an intra- uterine device, or an IUD). Cui secretly removed this IUD in 2003. In early 2004, Cui became pregnant again, but officials forced her to undergo an abortion and insert another IUD. The affidavit did not clarify whether Cui removed this IUD. But Cui became pregnant again in 2010. When Cui was five months pregnant, family-planning officials discovered the pregnancy and forcibly took her to the hospital, where doc- tors induced a stillborn birth. The officials also ordered that No. 22-2177 3 Cui be sterilized in six months. Before she could be sterilized, Cui fled to the United States. In addition to submitting this affidavit, Cui also provided an “outpatient certificate” from “Central Hospital of Fushun” as part of her asylum application. The certificate states that Cui had an “induced abortion” on November 8, 2010, and in- cluded a suggestion that Cui rest for one month. After Cui filed her asylum application, the government commenced removal proceedings. In March 2012, Cui ap- peared before an immigration judge in Chicago and conceded removability as charged. The judge scheduled a hearing as to her asylum application, request for withholding, and request for relief under the Convention Against Torture for February 23, 2015. This February 2015 hearing ended up focusing on …
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals