Ming Hua Zheng v. Gonzales
Opinion of the Court
SUMMARY ORDER
Petitioner Ming Hua Zheng, a native and citizen of the People’s Republic of China, seeks review of a September 13, 2004 order of the BIA affirming the July 29, 2003 decision of Immigration Judge (“IJ”) Robert Weisel denying his applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). In re Ming Hua Zheng, No. A79 425 097 (B.I.A. Sept. 13, 2004), aff'g No. A79 425 097 (Immig. Ct. N.Y. City July 29, 2003). We assume the parties’ familiarity with the underlying facts and procedural history of the case.
Where, as here, the BIA adopts and affirms, then supplements the IJ’s decision, we review the IJ’s decision as supplemented by the BIA. See Yu Yin Yang v. Gonzales, 431 F.3d 84, 85 (2d Cir. 2005). We review the agency’s factual findings 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); Tian-Yong Chen v. INS, 359 F.3d 121,129 (2d Cir. 2004).
Substantial evidence supports the IJ’s adverse credibility finding. The core of Zheng’s asylum claim centered around an alleged incident where Zheng- was beaten by police officers for publicly posting a list
For the foregoing reasons, the petition for review is DENIED.
Reference
- Full Case Name
- MING HUA ZHENG v. Alberto GONZALES, Attorney General
- Status
- Published