Chunmiao Wang v. Keisler

Chunmiao Wang (‘Wang”), a native and citizen of China, seeks review of the Board of Immigration Appeals’ (“BIA”) decision denying her application for asylum and withholding of removal. We grant Wang’s petition in part and remand in part.

Wang applied for asylum in February 2003. Her claim is based on two separate grounds. First, Wang explained she had been the victim of a forced abortion while a student in China. Second, Wang feared religious persecution upon returning to China because of events in March and October 2002 in which her family and their friends had been investigated and detained by the Chinese government for practicing Christianity. Wang was also wanted by Chinese authorities for sending Christian materials to her family and their congregation in China.

The Immigration Judge (“IJ”) concluded that Wang’s asylum application was not timely because she did not submit the application within a reasonable period after learning of her likely religious persecution. The BIA affirmed, providing its own opinion. A timely petition for review was filed.

On October 1, 2007, the panel resubmitted the case in light of this Court’s deci *574 sion in Ramadan v. Gonzales, 479 F.3d…

concurring.

I join the disposition because of existing precedent, though I would not otherwise believe that we have jurisdiction to review *576 the BIA’s determination with respect to the one-year bar, or that we should not accept the BIA’s determination with respect to inconsistencies in the evidence.