Record contained sufficient evidence to support IJ’s denial of alien’s applications for asylum and withholding of removal based on his fear of religious persecution for attending unsanctioned Christian gatherings in China, where IJ had found that alien was not credible based on certain inconsistencies in his testimony. While some inconsistencies may have been minor in nature, alien’s misstatements regarding source of his medical records and misstatements contained in his father’s letter regarding severity of alien’s injuries were sufficient to support IJ’s denial of alien’s applications. IJ erred, though, in determining that frivolous application bar applied, where alien had failed to find that alien had deliberately fabricated material elements of his applications, and where IJ had based said finding only on adverse credibility determination.
Federal 7th Circuit Court
Civil Court
Immigration