Ren

Yanyun Ren v. Holder

Good Law
448 F. App'x 702
United States Court of Appeals for the Ninth CircuitAugust 23, 201107-70701California2,509 words

Opinion

Lead Opinion

MEMORANDUM *

Yanyun Ren petitions for review of a decision of the Board of Immigration Appeals (BIA) affirming an Immigration Judge’s (IJ) denial of her application for asylum, withholding of removal, and relief under the United Nations Convention Against Torture (CAT). We deny the petition.

The IJ provided “specific and cogent reasons” for the adverse credibility finding. Kaur v. Gonzales, 418 F.3d 1061, 1064 (9th Cir.2005). Principally, the foren *703 sic document expert produced a report concluding that the receipt for a fine, introduced by Ren, was almost surely fraudulent, and, while impossible to authenticate, the summons offered by Ren may well not have been genuine either. While testifying, the expert explained in detail how she arrived at her conclusions, elaborating that there was an estimated 1 in 100,000 chance the receipt was not fraudulent and a 1 in 200 chance the summons was genuine. Ren produced no contrary evidence undermining those conclusions. The IJ was therefore justified in relying on them.

Because these fraudulent documents called into doubt the truthfulness of Ren’s account of her arrest, they went to the heart of her claim, see Kin v. Holder, 595 F.3d…

Dissenting Opinion

Pregerson, J.

Dissenting:

Petitioner Yanyun Ren is a native and citizen of China. Ren converted to Christianity in 2001. On November 18, 2001, Ren was attending a house church service when Chinese police arrested her and her fellow congregants. During her detention, two officers interrogated Ren, accused her of belonging to an “illegal gathering,” spreading “an evil cult,” and “disturbing social stability.” The officers demanded that Ren provide information about the organization of the church. When Ren refused to answer the officers’ questions and asked why she was being detained, the officers slapped Ren several times and pulled her hair. The officers then placed Ren in a small cell with two other women. The officers instructed the two other women in the cell to mistreat Ren. Over the next fifteen days, the two women in the cell routinely beat Ren, forced her to eat her food off of the floor, and prevented her from sleeping. Ren was finally released from custody after her father paid a fine. She left China and ultimately arrived in the United States in 2002. Ren timely applied for asylum, withholding of removal, and protection under the Convention Against Torture.

An Immigration Judge (IJ)…

Opinion

FILED

NOT FOR PUBLICATION AUG 23 2011

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S . CO U RT OF AP PE A LS

FOR THE NINTH CIRCUIT

YANYUN REN, No. 07-70701

Petitioner, Agency No. A078-706-866

v.

MEMORANDUM *

ERIC H. HOLDER, Jr., Attorney General,

Respondent.

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

Argued and Submitted May 5, 2011 Pasadena, California

Before: PREGERSON, FISHER, and BERZON, Circuit Judges.

Yanyun Ren petitions for review of a decision of the Board of Immigration

Appeals (BIA) affirming an Immigration Judge's (IJ) denial of her application for

asylum, withholding of removal, and relief under the United Nations Convention

Against Torture (CAT). We deny the petition.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. The IJ provided 'specific and cogent reasons' for the adverse credibility

finding. Kaur v. Gonzales, 418 F.3d 1061, 1064 (9th Cir. 2005). Principally, the

forensic document expert produced a report concluding…

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