Background
Xiao Ling Li and Wen Xing Chen, natives and citizens of China, petitioned for review of an order from the Board of Immigration Appeals. The Board had dismissed their appeal from an immigration judge’s order denying asylum and withholding of removal. The immigration judge found Li not credible due to false information provided on a 2015 United States tourist visa application.
The court’s reasoning
The court reviewed the agency’s factual findings under the substantial evidence standard. The court found substantial evidence supported the agency’s determination that Li was not a credible witness because she admitted to giving false information on a visa application when she was not living in fear of the Chinese government. The court also upheld the Board’s rejection of a revised translation of a bail receipt because Li did not explain why the evidence was not previously available. Furthermore, the court affirmed that a witness found not credible is not entitled to notice to provide corroborating evidence.
What it means going forward
The petition for review is denied, and the motion to stay removal is denied, leaving the denial of asylum and withholding of removal in effect.