Xiao Lung Li v. Gonzales
Docket: No. 06-2922-ag
Court: Court of Appeals for the Second Circuit; January 7, 2007; Federal Appellate Court
Petitioner Xiao Lung Li, a Chinese citizen, requests review of a decision by the Board of Immigration Appeals (BIA) affirming an Immigration Judge (IJ) ruling that denied his applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The IJ's decision was based on substantial evidence that demonstrated inconsistencies in Li's testimony compared to his asylum application and credible fear statements. Specifically, Li contradicted himself regarding the circumstances of his marriage license, the timeline of his family members’ arrests, and the details surrounding his wife's forced abortion. Li claimed that the marriage license was obtained after a fine for illegal pregnancy, yet his testimony indicated a different financial situation. He also inconsistently reported the arrest dates of his father-in-law and mother, which were pivotal to his claims. Additionally, Li's account of his wife's abortion was inconsistent with her credible fear interview and medical records, which did not support his narrative about her health issues. The IJ found Li's explanations for these discrepancies unconvincing and noted that he was largely non-responsive when challenged about them. Furthermore, Li did not raise arguments regarding his eligibility for withholding of removal or CAT relief before the BIA, resulting in those claims being deemed unexhausted. Consequently, the petition for review was denied, affirming the IJ's findings and the BIA's decision.