Application for Asylum

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7^th Circuit Court of Appeals

Case Name: Meixiang Cui v. Merrick B. Garland

Case No.: 22-2177

Officials: Wood, Jackson-Akiwumi, and Lee, Circuit Judges.

Focus: Application for Asylum

Meixiang Cui petitions for review of the denial of her application for asylum, withholding of removal, and protection under the Convention Against Torture. In her application, Cui asserted that Chinese officials had previously forced her to undergo two involuntary abortions, and she feared that authorities would forcibly sterilize her if she returned to China. The immigration judge found that Cui was not credible due to her inconsistent and evasive testimony. The Board of Immigration Appeals affirmed.

In sum, the record shows that the immigration judge considered Cui’s testimony and evidence, pointed to several material inconsistencies and instances of evasive or untruthful testimony, and determined that Cui’s overall testimony lacked credibility. These findings find substantial support in the record. Thus, Cui has not met her burden to establish eligibility for asylum. And, because the burdens for securing withholding of removal or protection under the Convention Against Torture are more stringent, those claims fail as well.

Decided 06/16/23

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