U.S. Court of Appeals for the Third Circuit, 2009

Jun Ru Yang v. Attorney General United States

Jun Ru Yang v. Attorney General United States
U.S. Court of Appeals for the Third Circuit · Decided March 27, 2009 · Smith, Hardiman, Roth
317 F. App'x 141

Jun Ru Yang v. Attorney General United States

Opinion

OPINION

ROTH, Circuit Judge:

Jun Ru Yang, a native and citizen of the People’s Republic of China, petitions for review of a final order by the Board of Immigration Appeals dismissing his appeal and affirming the denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture. In order to demonstrate that he was a refugee for purposes of asylum, Yang claimed that he was persecuted pursuant to China’s family planning laws when his wife was forced to abort an unauthorized pregnancy. The Immigration Judge found that Yang was not credible and denied the application on that ground. We see no basis for disturbing this finding. In any event, even assuming arguendo that Yang is credible, his spouse’s alleged abortion *142 does not render him eligible for asylum. Lin-Zheng v. Attorney Gen., 557 F.3d 147, 148 (3d Cir. 2009). We have considered all of Yang’s claims and find them to be without merit. Accordingly, we will deny the petition.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.