Sun v. Attorney General of United States of America, 040913 FED3, 12-2378

Docket Nº:12-2378
Opinion Judge:PER CURIAM
Party Name:QI BIN SUN, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA, Respondent
Judge Panel:Before: FUENTES, VANASKIE and VAN ANTWERPEN, Circuit Judges
Case Date:April 09, 2013
Court:United States Courts of Appeals, Court of Appeals for the Third Circuit
 
FREE EXCERPT

QI BIN SUN, Petitioner

v.

ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA, Respondent

No. 12-2378

United States Court of Appeals, Third Circuit

April 9, 2013

NOT PRECEDENTIAL

Submitted Pursuant to Third Circuit LAR 34.1(a) April 4, 2013

On Petition for Review of an Order of the Board of Immigration Appeals (Agency No. A089-252-628) Immigration Judge: Honorable Annie S. Garcy.

Before: FUENTES, VANASKIE and VAN ANTWERPEN, Circuit Judges

OPINION

PER CURIAM

Qi Bin Sun petitions for review of the final removal order of the Board of Immigration Appeals ("BIA"). For the reasons that follow, we will deny the petition for review.

Sun is a native and citizen of China. In 2007, he entered the United States without inspection. Sun filed an asylum application, alleging that Chinese family planning authorities forced his wife to undergo an abortion, and that he feared being forced to undergo involuntary sterilization if he returned to China. Sun's case was referred to an Immigration Judge ("IJ") for adjudication. Sun conceded removability but sought asylum, withholding of removal, and relief under the Convention Against Torture ("CAT"). He later amended his application to allege his fear of future persecution based on his religious conversion to Christianity in 2008.

Sun testified in support of his claims at a hearing before the IJ. He stated that he is married and has one daughter. In 2002, his then-girlfriend underwent a required pre-marriage physical examination that revealed that she was two months pregnant. An official informed Sun that the pregnancy must be aborted because it violated China's family planning policy. Sun unsuccessfully pleaded with the official to allow the pregnancy. Other officers appeared, and while Sun and the officers were "pushing and dragging each other, " Sun was elbowed and struck in the chest. The officials took Sun's wife to the hospital and forcibly performed an abortion. Afterwards, Sun had to pay a fine of 3, 000 RMB to obtain the marriage certificate, and he borrowed money from relatives to do so. He expressed fear of returning to China because he wanted to have more children and because he and his wife would be subject to forced sterilization.

Sun also testified that he feared persecution because of his Christian faith. After he entered the United States, he began attending church regularly and was baptized in July 2008. Sun...

To continue reading

FREE SIGN UP