Peng Shen v. Merrick Garland

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

PENG SHEN, No. 16-71315

Petitioner, Agency No. v. A200-275-534

MERRICK B. GARLAND, Attorney General, OPINION

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Argued and Submitted May 17, 2022 Pasadena, California

Filed July 24, 2024

Before: Eric D. Miller and Daniel P. Collins, Circuit Judges, and Edward R. Korman,* District Judge.

Opinion by Judge Collins; Dissent by Judge Miller

* The Honorable Edward R. Korman, United States District Judge for the Eastern District of New York, sitting by designation. SUMMARY**

Immigration

The panel granted Peng Shen’s petition for review of the Board of Immigration Appeals’ decision upholding the denial of asylum and related relief on adverse credibility grounds, and remanded. Shen testified that a mandatory pre-marital health exam led to the discovery that she was pregnant, which in turn led to her forced abortion. The BIA upheld the immigration judge’s adverse…