Jie Cui v. Eric H. Holder Jr.

Bad Law
712 F.3d 1332·2013 WL 1442496·2013 U.S. App. LEXIS 7236
United States Court of Appeals for the Ninth CircuitApril 10, 201308-72936California2,596 words

Opinion

Opinion

Callahan, J.

Jie Cui, a native of China, seeks asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Cui claims that he has been, and will be, persecuted because of his practice of Da Zang Gong (“DZ Gong”). The Immigration Judge (“IJ”) and Board of Immigra tion Appeals (“BIA”) found that Cui was not credible. We affirm because the adverse credibility determination is adequately supported by the record and goes to the heart of his claim.

I

Cui was born in China in 1969 and attended Harbin University of Science and Technology, majoring in mechanical engineering. While at the university he joined the student democracy movement and helped lead demonstrations. Cui states that he was then investigated by the Communist Party and used as an example of having an incorrect “deep western freedom belief.”

In 1992, after graduation, Cui was assigned to a machine factory but, because of his record in the student movement, he “was given nothing to do but receive political belief education everyday.” He claims he was attacked by a Communist party officer in the factory because he secretly listened to a banned radio program.

In 1994, Cui met Master Yu Qi, the…

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