Jing Lin v. U.S. Department of Justice
Opinion of the Court
SUMMARY ORDER
UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED, AND DECREED that the petition for review of the March 22, 2004 decision of the Board of Immigration Appeals (“BIA”) is DENIED.
Petitioner Jing Lin petitions for review of a March 22, 2004 BIA decision summarily affirming the decision of an Immigration Judge (“IJ”) denying his application for asylum, withholding of removal and Convention Against Torture (“CAT”) relief. Lin alleges persecution based on his practice of Falun Gong.
Where, as here, the BIA summarily affirms the IJ, we review the IJ’s decision as the final agency determination. See, e.g., Twum v. INS, 411 F.3d 54, 58 (2d Cir. 2005). The IJ denied Lin’s claims based largely on an adverse credibility finding, which we review under the substantial evidence standard. Zhou Yun Zhang v. INS, 386 F.3d 66, 73 (2d Cir. 2004). Accordingly, “we will not disturb a factual finding if it is supported by reasonable, substantial, and probative evidence in the record when considered as a whole.” Id.; see 8 U.S.C. § 1252(b)(4)(B).
Contrary to petitioner’s position, we cannot say that these inconsistencies relied upon by the IJ are “relatively minor and isolated” or that they “do not concern material facts,” Diallo v. INS, 232 F.3d 279, 288 (2d Cir. 2000), or that the IJ acted improperly in requiring corroborative evidence that would be reasonably required. See id. The adverse credibility finding by the IJ was supported by substantial evidence and “a reasonable adjudicator would not be compelled to find otherwise.” Id. at 287-88.
The adverse credibility finding supported both the denial of asylum and withholding of removal. See Zhou Yun Zhang, 386 F.3d at 71. It also supported a denial of CAT relief because Lee failed to establish a fact that “formed the only potentially valid basis” for the claim that he would be tortured as a Falun Gong practitioner. See Xue Hong Yang v. United States Dep’t of Justice, 426 F.3d 520, 523 (2d Cir. 2005). Finally, we conclude that substantial evidence supports the IJ’s finding that Lin is unlikely to be tortured for having left illegally.
For the foregoing reasons, the petition for review is DENIED and Lin’s pending motion for a stay of removal is denied.
Reference
- Full Case Name
- Jing LIN v. U.S. DEPARTMENT OF JUSTICE, Attorney General Alberto R. Gonzales
- Status
- Published