Jian Long Lee v. United States Department of Justice
Opinion of the Court
SUMMARY ORDER
In October 1994, Jian Long Lee, a native and resident of China, filed an application for asylum, withholding of removal and CAT relief. In his application, Lee stated that his asylum request was based upon past persecution by the Chinese Government under the birth control policy.
Where the BIA “adopts the decision of the IJ and merely supplements the IJ’s decision ... we review the decision of the IJ as supplemented by the BIA.” Yan Chen v. Gonzales, 417 F.3d 268, 271 (2d Cir. 2005). We review factual findings under the substantial evidence standard, see id., and must treat those findings as “conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary,” 8 U.S.C. § 1252(b)(4)(B). We afford particular deference to an IJ’s credibility determinations, see Zhou Yun Zhang v. INS, 386 F.3d 66, 73-79 (2d Cir. 2004), but the IJ must “give specific, cogent reasons for rejecting the petitioner’s testimony, and we will reverse where the adverse credibility determination is based upon speculation or upon an incorrect analysis of the testimony.” Ramsameachire v. Ashcroft, 357 F.3d 169, 178 (2d Cir. 2004) (internal quotation omitted).
In this case, Lee’s testimony was internally inconsistent, contradicted by documentary evidence, including medical reports and letters from his wife, and
Lee also claims that the IJ and the BIA failed to consider his CAT claim, but he never raised a CAT claim at the administrative level and so failed to exhaust it. A petitioner must raise issues to the BIA in order to preserve them for judicial review. See 8 U.S.C. § 1252(d)(1); Gill v. INS, 420 F.3d 82, 86 (2d Cir. 2005).
For the foregoing reasons, the petition for review is DENIED. Having completed our review, any stay of removal that the Court previously granted in this petition is VACATED, and any pending motion for a stay of removal in this petition is DENIED as moot. Any pending request for oral argument in this petition is DENIED in accordance with Federal Rule of Appellate Procedure 34(a)(2), and Second Circuit Local Rule 34(d)(1).
Reference
- Full Case Name
- Jian Long LEE v. UNITED STATES DEPARTMENT OF JUSTICE, Attorney General Alberto R. Gonzales
- Status
- Published