He Yun Fang v. Holder

*715 MEMORANDUM **

He Yun Fang, a native and citizen of China, petitions for review of an order of the Board of Immigration Appeals (“BIA”) affirming without opinion the Immigration Judge’s (“IJ”) order denying him asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). The IJ concluded that Fang had not testified credibly about his fear of future persecution if he were removed to China.

Fang described his home town in China as being a small town where everyone knew everyone else’s business. He testified he fled after he and his wife were discovered harboring North Korean refugees, and that although he paid $15,000 to leave China and travel through many countries en route to the United States, he never made any arrangement for his wife and child to leave China. He was seemingly unconcerned about their welfare, despite the fact that they should have been in great danger had his story been true, because “everyone” in town, including the authorities, should have known about his wife’s harboring activities.

The IJ concluded that Fang’s inaction on his wife’s behalf, and his leaving China alone when he had the resources to bring her out as well,…