Yan Qing Feng v. U.S. Attorney General

USCA11 Case: 22-10968 Document: 28-1 Date Filed: 08/02/2023 Page: 1 of 22 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 22-10968 Non-Argument Calendar ____________________ YAN QING FENG, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ____________________ Petition for Review of a Decision of the Board of Immigration Appeals Agency No. A216-265-100 ____________________ USCA11 Case: 22-10968 Document: 28-1 Date Filed: 08/02/2023 Page: 2 of 22 2 Opinion of the Court 22-10968 Before JORDAN, LAGOA, and BRASHER, Circuit Judges. PER CURIAM: Yang Qin Feng, a native and citizen of China, proceeding pro se, appeals an order of the Board of Immigration Appeals affirming an immigration judge’s denial of his application for asylum, with- holding of removal, and relief under the Convention Against Tor- ture (“CAT”). Mr. Feng contends primarily on appeal that the BIA and the immigration judge erred when they denied his application due to an adverse credibility finding related to inconsistencies be- tween his hearing testimony, his credible fear interview, and his application. After review of the parties’ briefs and the record, we con- clude that substantial evidence supported the adverse credibility finding because there were inconsistencies in the record as to whether Mr. Feng broke a window of a construction equipment when he was protesting the taking of his land by the Chinese gov- ernment and whether he was beaten by the police and fellow in- mates when he was detained after the protest. We therefore deny the petition. I A Mr. Feng is a native and citizen of China. On October 13, 2017, he crossed the Mexican border smuggled in the trunk of a car and applied for admission to the United States at the San Isidro port USCA11 Case: 22-10968 Document: 28-1 Date Filed: 08/02/2023 Page: 3 of 22 22-10968 Opinion of the Court 3 of entry. He was referred by the authorities to an asylum officer for a credible fear interview because he expressed fear of persecu- tion in China. During his telephonic credible fear interview, Mr. Feng tes- tified under oath and with the benefit of an interpreter fluent in his native Mandarin language. He explained that he came to the United States because he was harmed by the Chinese government. He claimed that the Aojian County Government acquired his land by force and without his permission, so he and other villagers gath- ered “at the gate of the government, to protest, to ask for justice.” Mr. Feng stated that he was protesting the government’s corrup- tion and the fact that he was offered low compensation for his land. Minutes after the protest began, the police came and started capturing the protesters because it was illegal to protest. Mr. Feng explained to the asylum officer that he was taken by the police and locked up for seven days in a small room. According to Mr. Feng, he was arrested and detained because he tried to stop the construc- tion from starting and “broke the window of the machinery at …

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