Yang v. Lynch, No. 15-3357 (7th Cir. 2016)
Annotate this CaseYang, now age 52, came to the U.S. from China in 2007 on a business‐visitor visa he obtained by misrepresenting that he hoped to attend a conference. Months later, he applied for asylum, asserting that his wife twice had been forced to undergo abortions and that he had been fired from his job for refusing to be sterilized. He corroborated his claims with medical records concerning a broken bone, allegedly the result of Chinese officials pulling his wife from a car, and letters from neighbors. His wife joined him in 2012 on a tourist visa that she overstayed. His application was denied. The IJ found Yang not credible based on Yang’s testimony that he did not know in 2006 whether he could have a second child legally and his wife’s difficulty in remembering details . The IJ concluded that, under the REAL ID Act, 8 U.S.C. 1158(b)(1)(B)(ii), Yang had not provided sufficient corroboration. The BIA agreed, noting Yang’s written statement accompanying his initial asylum application, in which he failed to mention any encounters with family‐planning officials after his wife’s second abortion or any reports that these officials sought him after he left China. The Seventh Circuit denied a petition for review, finding the denial supported by substantial evidence.
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