Zhang

Zhang v. Gonzales

Good Law
United States Court of Appeals for the Ninth CircuitMay 25, 200501-71623California4,576 words

Opinion

Opinion

I. Background

Xue Yun Zhang was fourteen years old in April 2000 when she left China for the United States. Because neither the IJ nor the BIA1 made a negative credibility finding, we accept Ms. 1 As of March 1, 2003, the Immigration and Naturalization Service (“INS”) ceased to exist and most of its functions were transferred to the 5758 ZHANG v. GONZALES Zhang’s testimony before the IJ as true. Lopez-Alvarado v. Ashcroft, 381 F.3d 847, 851 (9th Cir. 2004). We take the fol- lowing facts from her testimony and asylum application.

Ms. Zhang is the oldest of three children in her family. She was born in Changla City, China on September 16, 1985. Two years later, Ms. Zhang’s parents had a second girl. The gov- ernment permitted two children per family in the rural village where the Zhang family lives, but Ms. Zhang’s parents decided to have a third child. On January 8, 1992, Ms. Zhang’s brother was born. The family successfully hid the third child from authorities for six years. His existence became known to officials in November 1999, when Ms. Zhang’s parents decided to enroll their son in school. As required by law, Ms. Zhang’s parents reported the boy’s…

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