Background
Petitioners Qiang Li, Fang Qiu, and their minor daughter, natives and citizens of China, sought asylum, withholding of removal, and protection under the Convention Against Torture. The Immigration Judge denied their applications based on an adverse credibility determination, which the Board of Immigration Appeals adopted. The petitioners appealed to the Ninth Circuit.
The court’s reasoning
The court reviewed the agency’s factual findings for substantial evidence. It found that the agency provided numerous specific and cogent reasons for the adverse credibility determination, including the petitioner’s evasive demeanor, inconsistencies between medical documents and testimony, omissions regarding her Beijing address and Family Planning Officer calls, and a lack of supporting documentation. The court concluded that the petitioners’ arguments were merely plausible alternative interpretations and did not compel a different conclusion than the agency’s.
What it means going forward
The denial of the petition for review affirms the lower agency decisions, leaving the petitioners without asylum, withholding of removal, or Convention Against Torture protection based on the record before the agency.
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