Qiao Ling Liu v. Gonzales
Opinion of the Court
SUMMARY ORDER
Qiao Ling Liu, a native and citizen of the People’s Republic of China, seeks review of an April 4, 2006, order of the BIA affirming the December 16, 2004, decision of Immigration Judge (“IJ”) Noel Brennan, denying her applications for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). In re Qiao Ling Liu, No. A77 293 917 (B.I.A. Mar. 22, 2006), aff'g No. A77 293 917 (Immig. Ct. N.Y. City Dec. 16, 2004). We assume the parties’ familiarity with the underlying facts and procedural history of the case.
When the BIA summarily affirms the decision of the IJ without issuing an opinion, see 8 C.F.R. § 1003.1(e)(4), this Court reviews the IJ’s decision as the final agency determination. Twum v. INS, 411 F.3d 54, 59 (2d Cir. 2005). This Court reviews the agency’s factual findings, including adverse credibility determinations, under the substantial evidence standard, treating them as “conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.” 8 U.S.C. § 1252(b)(4)(B); see, e.g., Zhou Yun Zhang v. INS, 386 F.3d 66, 73 & n. 7 (2d Cir. 2004). However, we will vacate and remand for new findings if the agency’s reasoning or its fact-finding process was sufficiently flawed. Cao He Lin v. U.S. Dep’t of Justice, 428 F.3d 391, 406 (2d Cir. 2005); see also Xiao Ji Chen v. U.S. Dep’t of Justice, 434 F.3d 144, 158-60 (2d Cir. 2006) (agreeing with this principle, but avoiding remand, in spite of deficiencies in an adverse credibility determination, because it could be confidently predicted that the IJ would adhere to the decision were the case remanded).
These inconsistencies constitute “specific, cogent reasons” that “bear a legitimate nexus” to the IJ’s adverse credibility finding because they go to the heart of Liu’s claim that she was forcibly aborted in the past, or that she was ever pregnant. Secaida-Rosales v. INS, 331 F.3d 297, 309 (2d Cir. 2003); Zhou Yun Zhang, 386 F.3d at 74. Furthermore, the cumulative effect of Liu’s inconsistencies provided substantial evidence for the IJ’s adverse credibility finding. Tu Lin v. Gonzales, 446 F.3d 395, 402 (2d Cir. 2006); Xiao Ji Chen, 434 F.3d at 161.
Although some of the IJ’s other reasons for the adverse credibility determination may have been based on impermissible speculation, remand would be futile in this case because the non-erroneous findings stated above provide sufficient support, standing alone. Thus we can confidently predict that these non-erroneous findings would lead the IJ to reach the same decision were the case remanded. See Xiao Ji Chen, 434 F.3d at 162.
Because Liu’s withholding and CAT claims depend upon the factual predicate that she failed to establish for asylum, those alternate claims for relief fail for the same reason. See Xue Hong Yang v. U.S. Dep’t of Justice, 426 F.3d 520, 523 (2d Cir. 2005).
For the foregoing reasons, the petition for review is DENIED.
Reference
- Full Case Name
- QIAO LING LIU v. Alberto R. GONZALES
- Status
- Published