Xue Zhi Chen v. Attorney General of the United States
Opinion of the Court
OPINION
Xue Zhi Chen petitions for review of an order of the Board of Immigration Appeals (BIA). For the reasons below, we will deny the petition for review.
Chen, a native of China, entered the United States in December 2003. He was subsequently charged as removable as an arriving alien without entry documents. He conceded removability and filed an application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). He argued that he had been and would be persecuted in China on the basis of his religion. The IJ found Chen not credible and denied relief. The BIA agreed and dismissed the appeal. It noted inconsistencies between Chen’s sworn statement in 2003, his credible fear interview in 2005, and his testimony at his hearing in 2007, and upheld the IJ’s adverse credibility determination. Chen filed a timely petition for review.
We have jurisdiction under 8 U.S.C. § 1252. We must uphold the adverse credibility finding unless any reasonable adjudicator would be compelled to conclude to the contrary.
In his sworn statement, Chen indicated that he had no fear of being returned to China and that he came to the United States to work. C.A.R. at 139-140. In his
For the above reasons, we will deny the petition for review.
. Because the BIA concluded that it would uphold the IJ’s adverse credibility determination even under the prior standard, we need not decide whether 8 U.S.C. § 1158(b)(1)(B)(iii) is consistent with due process. See Wang v. Holder, 569 F.3d 531, 538 (5th Cir. 2009) (canvassing Circuit law on the provision).
. Even if we reviewed and rejected the IJ's concerns about Chen’s understanding of his religion, the record would not compel a finding that Chen was credible.
Reference
- Full Case Name
- XUE ZHI CHEN v. ATTORNEY GENERAL OF the UNITED STATES
- Status
- Published