Cui v. Holder

Summarized by:

  • Court: 9th Circuit Court of Appeals Archives
  • Area(s) of Law: Immigration
  • Date Filed: 04-10-2013
  • Case #: 08-72936
  • Judge(s)/Court Below: Circuit Judge Callahan for the Court; Circuit Judges Ikuta and Hurwitz
  • Full Text Opinion

Inconsistencies that “go to the heart” of an alien’s asylum claim will provide sufficient evidence to deny a petition based on adverse credibility.

Jai Cui sought asylum from China on the grounds that he had previously been, and would continue to be, persecuted for his religious practice of DZ Gong. Cui claimed that because of the tense atmosphere in the country, on February 10, 2000, he and two other Gong teachers escaped to Mexico. Their purpose was to find a way to come to the United States and seek political and religious asylum. Cui resided in Mexico for two years. During that time, he never entered the United States. Cui returned to China in May 2002, where he claims he was arrested, and held until November 2002. Cui claims that during his incarceration, he was beaten on multiple occasions. Cui again left China for Mexico in March 2003. Several days after his arrival, Cui arranged to be smuggled into the United States from Tijuana. Border Patrol discovered Cui hidden under a van. The Board of Immigration Appeals (“BIA”) affirmed the Immigration Judge's finding that Cui's story lacked credibility. The BIA was particularly skeptical that Cui would flee to Mexico in order to seek asylum in the United States, but never during the two years he lived there actually attempt to enter the United States, and then voluntarily return to China. The Ninth Circuit held that if Cui's story were true, it might well support his claims of persecution. However, the inconsistencies in Cui's statements undermine the very heart of his claim for asylum. PETITION DENIED.

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