Tao Lin v. Gonzales
Tao Lin v. Gonzales
Opinion of the Court
SUMMARY ORDER
Petitioner Tao Lin, a citizen of the People’s Republic of China, seeks review of a September 30, 2003 order of the BIA affirming the May 16, 2002 decision of Immigration Judge (“IJ”) Sarah M. Burr, denying his applications for asylum, withholding of removal and relief under Article 3 of the Convention Against Torture (“CAT”). In re Tao Lin, No. A77 660 322 (B.I.A. Sept. 30, 2003), aff'g No. A77 660 322 (Immig. Ct. N.Y. City May 16, 2002). We assume the parties’ familiarity with the underlying facts and procedural history of the case.
Where, as here, 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. See, e.g., Twum v. INS, 411 F.3d 54, 58 (2d Cir. 2005). This Court reviews the agency’s factual findings under the substantial evidence standard. 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).
While an adverse credibility determination may be based on the inherent implausibility of particular allegations, a finding of implausibility must not be based on flawed reasoning, or bald speculation. Secaida-Rosales v. INS, 331 F.3d 297, 309-10 (2003). “The speculation that inheres in inference is not ‘bald’ if the inference is made available to the factfinder by record facts, or even a single fact, viewed in the light of common sense and ordinary experience.” Siewe v. Gonzales, 480 F.3d 160, 168-69 (2d Cir. 2007). Accordingly, “[s]o long as an inferential leap is tethered to the evidentiary record, [the Court] will accord deference to the finding.” Id. at 169.
Lin challenges the IJ’s finding that it was implausible that Lin and his girlfriend would continue to reside at his home after admitting to authorities that they had violated the family planning policy, where he alleged that the authorities: (1) informed the couple that Lin’s girlfriend would have
Accordingly, Lin’s petition for review is DENIED. The pending motion for a stay of removal in this petition is DISMISSED as moot.
. Nor is there merit to Lin’s claim that the IJ failed to consider his documentary evidence, which she specifically addressed at the beginning of his hearing.
Reference
- Full Case Name
- TAO LIN v. Alberto R. GONZALES
- Status
- Published