Xiang v. Lynch

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In 2011, Xiang came to the U.S. on a visitor’s visa. She sought asylum and withholding of removal, alleging that, after the 1992 birth of her son, she suffered persecution under China’s strict family planning policies. She alleged that she had been forced to have three abortions and forced to have intrauterine devices involuntarily inserted, which caused serious medical issues and loss of her fertility. USCIS denied her application. After a hearing, an IJ concluded that Xiang was not credible due to her vague and inconsistent testimony and that Xiang did not provide sufficient corroborative evidence to meet her burden to establish eligibility for asylum or withholding of removal under 8 U.S.C. 1158(b)(1)(B)(ii). The BIA affirmed. The Seventh Circuit vacated. While Xiang claimed three forced abortions, there was evidence of at least one abortion, shifting the burden under 8 U.S.C. 1101(a)(42), which provides that a person who has been forced to abort a pregnancy “shall be deemed to have been persecuted on account of political opinion.” The IJ made no finding with respect to the abortion that appeared in Xiang’s medical records. View "Xiang v. Lynch" on Justia Law