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In re J-Y-C-
Board of Immigration Appeals
24 I. & N. Dec. 260 (2007)
J-Y-C- (plaintiff) was a citizen of China who attempted to enter the United States. J-Y-C- was interviewed by the Department of Homeland Security, after which he was placed into removal proceedings. In September 2006, J-Y-C- filed his application for relief. As the basis for his relief, J-Y-C- alleged that he was persecuted in China for practicing his Christian faith. For example, J-Y-C- testified that he was arrested after visiting a home church on January 1, 2005. J-Y-C- testified that he was imprisoned for 48 hours, during which time he was slapped and otherwise mistreated. J-Y-C- also claimed to have hosted two home-church meetings after his arrest, which led to additional police harassment and to his decision to hire a smuggler to help him leave China. J-Y-C- testified that his sister was present at the first church meeting that he hosted. J-Y-C-’s sister testified that she heard from her father that J-Y-C- was detained for only 20 hours and that she was at J-Y-C-’s home for only 15 minutes on the date of the first meeting, not for the full meeting. J-Y-C-’s sister also failed to corroborate that any religious activity took place at the meeting. The immigration judge (IJ) identified several inconsistencies between J-Y-C-’s and his sister’s testimonies. The IJ also identified inconsistencies between J-Y-C-’s testimony and the statements he made in his interview with the Department of Homeland Security. Considering these inconsistencies, as well as J-Y-C-’s demeanor and the inherent implausibility of some of his claims, the IJ found that J-Y-C- lacked credibility. The IJ denied J-Y-C-’s claim.
Rule of Law
Holding and Reasoning (Hurwitz, J.)
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