Dai v. Garland

Federal 7th Circuit Court
Civil Court
Immigration
Citation
Case Number: 
No. 21-1315
Decision Date: 
January 24, 2022
Federal District: 
Petition for Review, Order of Board of Immigration Appeals
Holding: 
Petition denied

Record contained sufficient evidence to support IJ’s denial of petitioner’s (native of China) applications for asylum, withholding of removal and protection under Convention Against Torture, which were based on petitioner’s claim that she was persecuted based on her Christian religion. IJ found that petitioner was not credible with respect to her applications, where record contained discrepancies in petitioner’s testimony regarding length of time she had been practicing her faith, petitioner’s claim that her grandmother had attended church service with her, and petitioner’s descriptions of her encounters with Chinese police. Court rejected petitioner’s claim that any discrepancies were trivial in nature and further held that: (1) IJ could reasonably conclude that petitioner prevaricated with respect to claims made in her applications; and (2) petitioner left out important details regarding her encounters with Chinese police. Also, petitioner failed to include corroboration of her claims, even though she had opportunity to do so through testimony of her mother.