Filed: Jun. 06, 2007
Latest Update: Feb. 21, 2020
Summary: [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED -U.S. COURT OF APPEALS No. 06-12442 ELEVENTH CIRCUIT JUNE 6, 2007 Non-Argument Calendar - THOMAS K. KAHN CLERK BIA No. A79-682-241 CHANG WU LIU, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. - Petition for Review of a Decision of the Board of Immigration Appeals - (June 6, 2007) Before EDMONDSON, Chief Judge, ANDERSON and BARKETT, Circuit Judges. PER CURIAM: Chang Wu Liu, a native and citizen of China
Summary: [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED -U.S. COURT OF APPEALS No. 06-12442 ELEVENTH CIRCUIT JUNE 6, 2007 Non-Argument Calendar - THOMAS K. KAHN CLERK BIA No. A79-682-241 CHANG WU LIU, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. - Petition for Review of a Decision of the Board of Immigration Appeals - (June 6, 2007) Before EDMONDSON, Chief Judge, ANDERSON and BARKETT, Circuit Judges. PER CURIAM: Chang Wu Liu, a native and citizen of China ..
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[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
FILED
-------------------------------------------U.S. COURT OF APPEALS
No. 06-12442 ELEVENTH CIRCUIT
JUNE 6, 2007
Non-Argument Calendar
-------------------------------------------- THOMAS K. KAHN
CLERK
BIA No. A79-682-241
CHANG WU LIU,
Petitioner,
versus
U.S. ATTORNEY GENERAL,
Respondent.
----------------------------------------------------------------
Petition for Review of a Decision of the
Board of Immigration Appeals
----------------------------------------------------------------
(June 6, 2007)
Before EDMONDSON, Chief Judge, ANDERSON and BARKETT, Circuit
Judges.
PER CURIAM:
Chang Wu Liu, a native and citizen of China appearing pro se, petitions for
review of the adoption and affirmance by the Board of Immigration Appeals
(“BIA”) of the decision of the Immigration Judge (“IJ”). The decision denied
asylum, withholding of removal, and relief under the United Nations Convention
Against Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment (“CAT”). No reversible error has been shown; we deny the petition in
part and dismiss it in part.
We review the decisions of the IJ and the BIA in this case. See Al Najjar v.
Ashcroft,
257 F.3d 1262, 1284 (11th Cir. 2001) (noting that we review the BIA’s
decision; but “[i]nsofar as the [BIA] adopts the IJ’s reasoning, we will review the
IJ’s decision as well”). An IJ’s factual determination that an alien is unentitled to
asylum “must be upheld if it is supported by substantial evidence.” Mazariegos v.
U.S. Attorney Gen.,
241 F.3d 1320, 1323 (11th Cir. 2001). “Under this highly
deferential test, we affirm the IJ’s decision if it is supported by reasonable,
substantial, and probative evidence on the record considered as a whole.” Forgue
v. U.S. Attorney Gen.,
401 F.3d 1282, 1286 (11th Cir. 2005) (internal quotation
and alteration omitted). “To reverse the IJ’s fact findings, we must find that the
record not only supports reversal, but compels it.” Mendoza v. U.S. Attorney
Gen.,
327 F.3d 1283, 1287 (11th Cir. 2003).
2
An alien may obtain asylum if he is a “refugee”: a person unable or
unwilling to return to his country of nationality “because of persecution or a
well-founded fear of persecution on account of” a protected ground, including
political opinion. 8 U.S.C. §§ 1101(a)(42)(A); 1158(a)(1), (b)(1). “[P]ersecution
is an extreme concept.” Sepulveda v. U.S. Attorney Gen.,
401 F.3d 1226, 1231
(11th Cir. 2005) (internal quotation omitted). “Not all exceptional treatment is
persecution.” Gonzalez v. Reno,
212 F.3d 1338, 1355 (11th Cir. 2000). The
asylum applicant bears the burden of proving statutory “refugee” status with
specific and credible evidence.1 Al
Najjar, 257 F.3d at 1284.
In his asylum application, Liu asserted that his birth violated China’s family
planning policies because his mother already had two children. Liu claimed that,
because he was an “illegal child,” he lived away from his parents until he was 16
years old.2 After Liu turned 16, his mother paid a fine; and Liu registered with the
Chinese government. Liu also returned to his parents’ house, where he lived for
approximately four years until he left for the United States. Liu contended that,
1
We have noted that “only in a rare case does the record compel the conclusion that an applicant
for asylum suffered past persecution or has a well-founded fear of future persecution.” Silva v. U.S.
Attorney Gen.,
448 F.3d 1229, 1239 (11th Cir. 2006).
2
We do not consider Liu’s claim -- raised for the first time here -- that his mother was forcibly
sterilized in China. See
Forgue, 401 F.3d at 1286 (explaining that “we cannot find, or consider, facts
not raised in the administrative forum”).
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because his birth violated China’s family planning policies, he was denied the
opportunity to receive an education in China; and he fears being denied additional
educational and employment opportunities if he returns to China.
Substantial evidence supports the determination that Liu failed to meet his
burden that he had been persecuted or that he faced a well-founded fear of
persecution on a protected ground. Liu testified that he did not have problems
after he returned to his parents’ house in China; and he admitted that, besides
difficulties with receiving an education, he did not have other problems as a result
of being born in violation of China’s family planning policies. And Liu explained
during his asylum hearing that the reason that he could not return to China was
because people there would look down on him for not having an education. The
record does not compel the conclusion that Liu is entitled to asylum based on his
claims that he did not receive an education and that his lack of education has
limited, or would limit, job opportunities in China.3 Because Liu has failed to
meet his burden for asylum, he necessarily has failed to meet the burden of proof
3
Indeed, as the IJ noted, it is not clear from the 2003 Country Report on China included in the
record that children born in violation of China’s family planning policies are precluded from
receiving an education. The Country Report states that penalties for persons who violated the limited
child policy include higher tuition costs when the child goes to school; and the IJ reasoned that
decisions about Liu’s education may have been made by his mother.
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required for withholding of removal or CAT relief. See
Forgue, 401 F.3d at 1288
n.4. Therefore, we deny Liu’s petition on these claims.
In his petition for review, Liu also asserts -- for the first time -- that (1) he
plans to get married in the United States and to have at least four children, which
he fears will make him a target for sterilization if he returns to China, and (2) he
fears being persecuted if he returns to China because he left the country illegally.
Because Liu did not raise these claims with the IJ or the BIA, Liu has failed to
exhaust his administrative remedies; and we lack jurisdiction to consider these
claims. See Amaya-Artunduaga v. U.S. Attorney Gen.,
463 F.3d 1247, 1250 (11th
Cir. 2006) (“We lack jurisdiction to consider a claim raised in a petition for review
unless the petitioner has exhausted his administrative remedies with respect
thereto.”). We dismiss Liu’s petition on the claims raised for the first time here.
PETITION DENIED IN PART, DISMISSED IN PART.
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