Background
Petitioner Ling He, a native and citizen of the People’s Republic of China, sought asylum and withholding of removal. An Immigration Judge denied the application based on adverse credibility. The Board of Immigration Appeals dismissed the appeal, declining to address the credibility finding and concluding that even if credible, the petitioner did not provide sufficient evidence to corroborate the forced abortion claim. The government filed an unopposed motion to remand, which the court granted. On remand, the BIA clarified it did not adopt the Immigration Judge’s decision and maintained its conclusion regarding insufficient corroboration.
The court’s reasoning
The court reviewed the Board of Immigration Appeals decision de novo for legal questions and for substantial evidence regarding factual findings. The court found substantial evidence supported the BIA’s determination that the petitioner failed to sufficiently corroborate her claim of a forced abortion. Specifically, the petitioner provided no evidence to explain the age discrepancy between the age listed on her abortion certificate and her testimony regarding her date of birth. The court also found substantial evidence supported the determination that the petitioner failed to establish a well-founded fear of future persecution, noting that China’s current two-child policy belied her expressed fear of persecution if she were to become pregnant.
What it means going forward
The petition for review is denied. The stay of removal remains in place until the mandate issues, though the motion for stay of removal is otherwise denied.
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