Jun Ru Yang v. Attorney General United States of America

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
_________
No. 07-1180
_________
JUN RU YANG,
Petitioner
v.
ATTORNEY GENERAL
UNITED STATES OF AMERICA,
Respondent
__________________
On Petition for Review of an Order of the
Board of Immigration Appeals
(Agency No. A98-120-851)
Submitted under Third Circuit LAR 34.1 (a)
on April 11, 2008
Before: SMITH, HARDIMAN and ROTH, Circuit Judges
(Opinion filed: March 27, 2009)
O P I N I O N

-- 1 of 2 --

2
ROTH, Circuit Judge:
Jun Ru Yang, a native and citizen of the People’s Republic of China, petitions for
review of a final order by the Board of Immigration Appeals dismissing his appeal and
affirming the denial of his application for asylum, withholding of removal, and relief
under the Convention Against Torture. In order to demonstrate that he was a refugee for
purposes of asylum, Yang claimed that he was persecuted pursuant to China’s family
planning laws when his wife was forced to abort an unauthorized pregnancy. The
Immigration Judge found that Yang was not credible and denied the application on that
ground. We see no basis for disturbing this finding. In any event, even assuming
arguendo that Yang is credible, his spouse’s alleged abortion does not render him eligible
for asylum. Lin-Zheng v. Attorney Gen., No. 07-2135, 2009 U.S. App. LEXIS 3002, at *2
(3d Cir. Feb. 19, 2009). We have considered all of Yang’s claims and find them to be
without merit. Accordingly, we will deny the petition.

-- 2 of 2 --