Qi Sheng Wang v. Gonzales

Good Law
150 F. App'x 665
United States Court of Appeals for the Ninth CircuitOctober 6, 2005No. 03-73747California1,193 words

Opinion

Lead Opinion

MEMORANDUM *

Petitioner Qi Sheng Wang appeals a September 29, 2003 decision of the Board of Immigration Appeals concluding that petitioner failed to establish his eligibility for asylum, withholding of removal, and protection under the Convention Against Torture. Wang claims that he will face persecution if returned to China because of his and his wife’s noncompliance with the Chinese government’s coercive birth control policies. Arguing that the inconsistencies in his testimony and between his testimony and the State Department country report are minor and the result of eonfusion rather than evasion, he urges this Court to hold that the decision of the BIA was not supported by substantial evidence. We deny the petition for review.

The BIA affirmed the decision of the Immigration Judge on two grounds. First, the BIA, citing the State Department country report, found that Wang’s claim that he had no knowledge of the birth control policies before he was fined for violating them was implausible in light of the extensive enforcement of the policies. 1 Second, it found that Wang’s claimed ignorance of the policies prior to the April 30, 1997 fine was inconsistent with his later…

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