Cheng Hong Shi v. Gonzales
Cheng Hong Shi v. Gonzales
Opinion of the Court
SUMMARY ORDER
UPON DUE CONSIDERATION of this petition for review of a decision of the Board of Immigration Appeals (“BIA”), it is hereby ORDERED, ADJUDGED, AND DECREED, that the petition for review is DENIED.
Cheng Hong Shi, through counsel, petitions for review of the BIA decision affirming the decision of an immigration judge (“IJ”) denying his application for asylum, withholding of removal, and CAT relief. We assume the parties’ familiarity with the underlying facts and procedural history.
This Court reviews the agency’s factual findings, including adverse credibility determinations, under the substantial evidence standard. See 8 U.S.C. § 1252(b)(4)(B); Jin Hui Gao v. U.S. Attorney Gen., 400 F.3d 963, 964 (2d Cir. 2005) (per curiam); Zhou Yun Zhang v. INS, 386 F.3d 66, 73 (2d Cir. 2004); Ramsameachire v. Ashcroft, 357 F.3d 169, 177 (2d Cir. 2004); Secaida-Rosales v. INS, 331 F.3d 297, 306-07 (2d Cir. 2003); Diallo v. INS, 232 F.3d 279, 287 (2d Cir. 2000).
Here, the IJ found Shi’s testimony incredible based on the implausible nature of his testimony and his lack of corroborating evidence. Specifically, the IJ found Shi’s
Because claims for withholding of removal face a heavier burden of proof than claims for asylum, see Zhou Yun Zhang, 386 F.3d at 71, an applicant like Shi who fails to establish eligibility for asylum necessarily fails to establish eligibility for withholding where, as here, the applicant's testimony is the only evidence that his or her “life or freedom would be threatened” in the home country. 8 U.S.C. § 1231(b)(3)(A). Further, as Shi has not demonstrated that it is more likely than not that he would be tortured if returned to China, his claims under the CAT fail as well. 8 C.F.R. § 208.16(c)(2); 8 C.F.R. § 208.18(a); see also Mu-Xing Wang v. Ashcroft, 320 F.3d 130, 133 (2d Cir. 2003).
For the foregoing, the petition for review is DENIED and the motion for a stay pending appeal previously granted by the Court is VACATED.
Reference
- Full Case Name
- CHENG HONG SHI v. Alberto R. GONZALES
- Status
- Published