Wang v. Lynch

IJ erred in denying alien’s asylum and withholding of removal petitions, where alien alleged that he was persecuted due to his resistance to China’s coercive population-control policy. While IJ found that alien was not credible regarding crux of his claim where alien gave conflicting testimony with respect to whether Chinese officials had implanted contraceptive device or had performed tubal ligation on his wife, Ct. of Appeals found that IJ could not use said contradiction to discount alien’s credibility, where record contained no indication that alien grasped difference between both procedures. Moreover, alien could prevail upon showing that he engaged in “other resistance” to coercive population-control program, and remand was required to determine whether alien’s physical altercation with Chinese officials that resulted in broken foot at time said officials seized alien’s wife for purposes of implanting contraceptive device qualified either as “other resistance” to population-control program or as “persecution.”