NOT RECOMMENDED FOR PUBLICATION File Name: 23a0313n.06 Case No. 22-3983 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Jul 13, 2023 ) XUEWEN WU, DEBORAH S. HUNT, Clerk ) Petitioner, ) ) ON PETITION FOR REVIEW v. ) FROM THE UNITED STATES ) BOARD OF IMMIGRATION MERRICK B. GARLAND, Attorney General, ) APPEALS Respondent. ) ) OPINION Before: COLE, CLAY, and KETHLEDGE, Circuit Judges. COLE, Circuit Judge. Xuewen Wu seeks review of a final order from the Board of Immigration Appeals (BIA) affirming the Immigration Judge’s (IJ’s) denial of her applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Because there is substantial evidence in the record to uphold the IJ’s and BIA’s adverse credibility finding, we deny the petition for review. I. BACKGROUND Wu is a native and citizen of China. She was admitted into the United States on January 15, 2009, on a B-2 nonimmigrant visa that authorized her to remain in the United States until July 14, 2009. She applied for asylum and withholding of removal after her visa expired. The Department of Homeland Security then served Wu with a notice to appear, charging her as removable under 8 U.S.C. § 1227(a)(1)(B) for overstaying her visa. Wu conceded her Case No. 22-3983, Wu v. Garland removability at her first appearance before the IJ, where she also indicated that in addition to pursuing asylum and withholding of removal, she was also pursuing protection under CAT. Wu testified to the following. Wu lived in China with her husband and her daughter. Under China’s one-child policy in place at the time, Wu had a form of birth control, an intrauterine device (IUD), inserted after the birth of her first child. Yet despite the IUD’s presence, she became pregnant again, and a government official ordered her to undergo an abortion and provide proof of the procedure. There was a disagreement within Wu’s family as to how she could avoid the abortion, specifically whether she should hide with her husband’s aunt or with her parents. While at work the day she planned to ask for a one-year sabbatical, with the goal of hiding her pregnancy, the government official approached Wu and asked if Wu had obtained the abortion yet; when Wu responded she had not, she was taken to a hospital to undergo a painful and traumatic abortion procedure against her will. A month later, Wu was forced to have another IUD inserted. Realizing that she could never have more children in China, and suffering from physical and mental pain, Wu decided to enter the United States. Wu testified that she and her husband, who came to the United States after Wu, wanted to have more children and attempted to do so while in the United States. Roughly three years after entering the country, Wu went to a doctor to have her IUD removed, but the doctor was unable to do so that day because Wu was menstruating. Wu did not have her IUD removed …
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals