Huang v. United States Attorney General
Huang v. United States Attorney General
Opinion of the Court
SUMMARY ORDER
UPON DUE CONSIDERATION of this petition for review of the Board of Immigration Appeals (“BIA”) decision, it is hereby ORDERED, ADJUDGED, AND DECREED that the petition for review is DENIED.
Mie Qing Huang, through counsel, petitions for review of the BIA’s order affirming the decision of an immigration judge (“IJ”) that denied Huang’s claims for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Huang alleges that she was persecuted in China because of her involvement with Falun Gong. 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); Ramsameachire v. Ashcroft, 357 F.3d 169, 177-78 (2d Cir. 2004); Secaida-Rosales v. INS, 331 F.3d 297, 306-13 (2d Cir. 2003).
The IJ found Huang not credible based on the inconsistencies between her testimony and her airport interview concerning how and with whom she distributed Falun Gong literature, and the inconsistency between Huang’s testimony and her credible fear interview concerning when she
The inconsistencies the IJ identified go to the heart of Huang’s claim and alone suffice to support the IJ’s decision. See Secaida-Rosales, 331 F.3d at 308. Because Huang has been found to be incredible, she cannot demonstrate a well-founded fear of persecution. See Ramsameachire, 357 F.3d at 178. Moreover, since Huang did not raise her CAT and withholding of removal claims before the BIA, and she does not raise them here, her claims are both unexhausted and waived. 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).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.