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Click here for the full text of this decision FACTS:Yi Wu Zhang, a Chinese national, was notified that he was to be deported. Zhang requested asylum, the withholding of removal and protection under the Convention Against Torture. He said that he was a Falun Gong practitioner and that he would be marked for punishment for his beliefs. At his hearing, Zhang said that after being introduced to Falun Gong in March 2001, he read about and practiced the tenets of the movement. He said that in October 2001, police arrested him, beat him, imprisoned him for 20 days and made him promise not to practice Falun Gong. Zhang left China three months later. Zhang offered an unverified copy of his October 2001 arrest warrant. He also said he feared returning to China because he would be arrested and persecuted. The immigration judge denied all of Zhang’s requested relief, finding Zhang’s testimony to be “probably cooked up or, at the very least, exaggerated.” The IJ did not believe that Zhang even practiced Falun Gong, that he was persecuted in the past or that he would be persecuted in the future. The IJ found Zhang’s testimony simplistic and not credible, noting, too, that Zhang did not produce any friends or any sworn statements supporting his testimony. Zhang appeals. He claims that his testimony might not have seemed credible because he spoke in Mandarin Chinese and his testimony had to be translated. Also, he says that if his testimony seemed simplistic, it is only because “the truth is”simple.’” HOLDING:Affirmed. Based on the Zhang’s own testimony, the IJ could reasonably conclude that Zhang had purportedly practiced Falun Gong for only a few months, had little detailed understanding of its practices, and fled after one incident with the police. The IJ properly noted the absence of any evidence, supporting Zhang’s claim. “The IJ provided specific, cogent reasons for his adverse credibility determination that we are unwilling to reevaluate on a cold record. . . . Without a credible showing that he is a practitioner of Falun Gong, Zhang cannot meet his burden of proving past or future mistreatment on the basis of”race, religion, nationality, membership in a particular social group, or political opinion.’ 8 U.S.C. �1101(a)(42)(A).” The court also rules that Zhang’s Convention Against Torture claim was properly denied. Even if Zhang’s allegations about past or future persecution were true, the court says there is nothing to show that it is “more likely than not that he would be tortured.” “The normal incidents of lawful sanctions do not constitute torture, and — beyond his discredited claims of persecution as a practitioner of Falun Gong — Zhang has failed to provide any evidence demonstrating that he will face sanctions during his arrest that are so depraved that they may independently be considered acts of torture.” Finally, the court finds that Zhang waived his right to argue that he did not have sufficient time to prepare his case. Even if he hadn’t waived the right, though, the court would find that Zhang had three months to prepare for his case, and there is no due process violation. OPINION:Garza, J.; Reavley, Higginbotham and Garza, JJ.

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