Yuan v. Lynch, No. 15-2834 (7th Cir. 2016)
Annotate this CaseYuan, a 36-year-old Chinese citizen, illegally entered the U.S. in 2005, and was charged with removability under 8 U.S.C. 1182(a)(6)(A)(i). Yuan applied for asylum and withholding of removal, asserting that he feared being arrested or killed by the Chinese government because he opposes the country’s coercive family planning policies. He alleged that his girlfriend was forced to have an abortion and that government agents harassed him for opposing the procedure and later refusing to disclose where his girlfriend was hiding. Yuan claimed that his family was threatened and that he was attacked and spent two months in the hospital. An immigration judge disbelieved much of Yuan’s story, reasoning that his testimony was not credible and lacked corroboration. The Board of Immigration Appeals upheld the adverse credibility assessment but not the finding with respect to the amount of corroborating evidence. The Seventh Circuit remanded, agreeing that the credibility finding was flawed because several of the perceived inconsistencies were illusory and the actual inconsistencies were either immaterial or trivial.
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