Xiang Fu Hu v. United States Immigration & Naturalization Service
Xiang Fu Hu v. United States Immigration & Naturalization Service
Opinion of the Court
SUMMARY ORDER
Petitioner Xiang Fu Hu (“Hu”) petitions for review of a December 8, 2002 order of the BIA, dismissing his appeal of an Immigration Judge’s (“IJ”) denial of his application for asylum and withholding of removal based on an adverse credibility determination.
Hu and his wife Mei Mei Lin (“Lin”),
In his petition for review, Hu asserts that the IJ erred in denying his application for asylum and withholding of removal because the IJ’s adverse credibility determination was not supported by substantial evidence. Where, as here, the BIA summarily affirms the IJ’s decision, we review the IJ’s decision directly, see Secaida-Rosales v. INS, 331 F.3d 297, 305 (2d Cir. 2003), and in so doing, defer to the IJ’s findings of fact if they are supported by substantial evidence, see Wu Biao Chen v. INS, 344 F.3d 272, 275 (2d Cir. 2003). Because we afford “particular deference” to the IJ’s credibility determinations, see Montero v. INS, 124 F.3d 381, 386 (2d Cir. 1997), the scope of our review is “exceedingly narrow,” Melgar de Torres v. Reno, 191 F.3d 307, 313 (2d Cir. 1999) (internal quotation marks omitted). We will not disturb the IJ’s factual findings unless “any reasonable adjudicator would be compelled to conclude to the contrary,” 8 U.S.C. § 1252(b)(4)(B). Applying this standard to the IJ’s adverse credibility determination, we find that the record amply supports the IJ’s conclusion.
In addition to these inconsistencies, Hu’s asylum application contained a number of critical omissions. For example, although Hu testified on cross-examination that he was threatened with sterilization by Chinese family planning officials, he failed to assert this critical fact in his asylum application. He further testified that his wife had been forced to use an intrauterine device by the Chinese family planning officials, but again, no such allegation was made in his asylum application.
Viewing these inconsistencies, omissions, and lack of corroborating evidence
For the foregoing reasons, the petition for review is DENIED.
. Lin was separately placed in exclusion proceedings and was ordered excluded after an IJ denied her asylum application. Represented by the same counsel as Hu, Lin filed a timely petition for review of the exclusion order, which is being heard in tandem with this case before this Court. See Lin v. INS, Dkt. No. 01-4151, 2004 WL 848259 (2d Cir. 2004).
. To the extent that Hu challenges the IJ’s reliance on his airport statement in making its adverse credibility determination this claim was not exhausted below, and may not be raised here in the first instance. See 8 U.S.C. § 1252(d) (2000).
. To the extent Hu argues that the IJ improperly required him to corroborate his claims, this assertion is unavailing. Although "[t]he testimony of the applicant, if credible, may be sufficient to sustain the burden of proof without corroboration,” 8 C.F.R. § 208.13(a) (1999 & 2002), because Hu’s testimony was incredible, the IJ properly faulted him for failing to corroborate his claim with witness testimony or additional documentary evidence.
Reference
- Full Case Name
- Xiang Fu HU v. UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE
- Status
- Published