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Weng v. Holder

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Before Lynch, Chief Judge, Torruella and Stahl, Circuit Judges.

Jin Weng, a native and citizen of China, petitions for review of a decision by the Board of Immigration Appeals (BIA) affirming an immigration judge’s (IJ) decision denying her petition for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The IJ and BIA rejected Weng’s claim that she has faced and will likely face religious persecution in China as an adherent of Zun Wang, a banned religion in China. The IJ found Weng was not credible because her testimony was inconsistent with her earlier sworn testimony, determining particularly that, in her earlier statements, she did not mention religion but said she was fleeing China and feared returning there because of poverty and other non-religious reasons.

The IJ did not explicitly separate his findings on the asylum claims about past persecution and likely future persecution. But we and the BIA have inferred from his reasoning that he found that Weng was not credible about the past persecution she claimed to have suffered in China or her alleged fear of future persecution in China, and that she was not credible in her assertion that she left China and fears returning because of religious persecution. Although the IJ discussed some but not all of the documentary evidence Weng introduced to support her claim of past religious persecution, the remaining evidence would not compel a factfinder to conclude that Weng had suffered past religious persecution or feared future persecution or that she was credible about her reasons for leaving China. We deny the petition for review.

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