Ding Hong Sheng v. United States Department of Justice
Opinion of the Court
SUMMARY ORDER
Ding Hong Sheng (“Ding”) and his daughter, Ding Xiao Dan, petition for review of orders of the Board of Immigration Appeals (“BIA”) affirming an immigration judge’s (“LJ”) determination that neither was entitled to asylum or withholding of removal and directing their removal to the People’s Republic of China (“China”). We assume the parties’ familiarity with the facts, proceedings below, and specification of appellate issues and hold as follows:
(2) The requirement for corroboration of Ding’s testimony was reasonable and justified under both BIA and circuit precedent. See Diallo v. INS, 232 F.3d 279, 285-86 (2d Cir. 2000) (describing BIA standard for requiring corroboration where an applicant’s story is otherwise credible as allowing an expectation of corroboration or an explanation for its absence “where it would reasonably be expected” and approving that standard). In this case, the IJ found Ding not to be credible. Moreover, Ding’s attorney was offered an opportunity for an adjournment to obtain Ding’s wife’s testimony as well as a guarantee that she would not be arrested but, apparently for tactical reasons, declined to call the wife. The attorney’s explanation for failing to furnish an affidavit from Ding’s wife was that “[the attorney] could not get around to get her to do an affidavit.” In sum, Ding’s explanations, even on their face, do not demonstrate that his wife was unavailable or that he could not have obtained an affidavit from her.
(3) Ding’s claims that (1) even if his sterilization was not involuntary, he will be subjected to persecution in China because he has four children; (2) he will be subjected to persecution upon his return because his illegal departure will mark him as a person who has political opinions different from those of the Chinese regime; and (3) he is eligible for relief under the Convention Against Torture, are unexhausted because they were not presented to the BIA and, thus, will not be reviewed. See Cervantes-Ascencio v. INS, 326 F.3d 83, 87 (2d Cir. 2003).
(4) We have considered the remainder of Ding’s arguments and found that they lack merit.
(5) Ding Xiao Dan’s petition for review is wholly derivative of her father’s. Because she offered no evidence at the hearing and advances no separate arguments, there is no basis for granting her petition for review.
Therefore, both petitions for review are denied. This disposition also vacates the stay of removal previously granted in this matter.
Reference
- Full Case Name
- Ding Hong SHENG and Ding Xiao Dan v. UNITED STATES DEPARTMENT OF JUSTICE and Attorney General Gonzales
- Status
- Published