Zhun Zhong Deng v. Ashcroft

MEMORANDUM ***

Petitioner, Zhun Zhong Deng, seeks review of the denial by the Board of Immigration Appeals of his application for asylum and withholding or deferral of removal. We have jurisdiction under 8 U.S.C. § 1252 (b).

Petitioner is a native and citizen of China. On January 31, 2001, he applied for admission into the United States at Los Angeles International Airport without a valid entry document. He was served by the Immigration and Naturalization Service with a Notice to Appear subjecting him to deportation under 8 U.S.C. § 1182 (a)(7) for being an immigrant without a visa.

On March 30, 2001, petitioner appeared before an immigration judge who found him removable as charged. Petitioner requested and obtained permission to file an application for asylum, which he filed on April 27, 2001. Petitioner’s application was premised on his claim that he is a practitioner of the Falun Gong religion and would be persecuted on this basis if he were to return to China.

On May 24, 2001, the immigration judge heard oral testimony in support of petitioner’s asylum application. At the conclusion of the hearing, the judge issued an oral ruling denying petitioner’s application on the…