Cheng Yang Lin v. Board of Immigration Appeals
Cheng Yang Lin v. Board of Immigration Appeals
Opinion of the Court
SUMMARY ORDER
Petitioner Cheng Yang Lin, a.k.a. Chun Yang Lin, a native and citizen of the Peo
Petitioner claims he is eligible for asylum because the woman whom he married in a traditional ceremony (but not legally) was forcibly sterilized. 8 U.S.C. § 1101(a)(42) (providing that a person who has been forced to abort a pregnancy or under go involuntary sterilization, or who has been persecuted for failure or refusal to undergo such a procedure, is deemed to have been persecuted on account of political opinion). The IJ found that he was not credible and dismissed his application on that basis. He claims on appeal that the IJ’s adverse credibility finding was not supported by substantial evidence and that, to the extent any discrepancies or omissions exist, they are not central to his asylum claim, his withholding of removal claim, or his CAT claim. We find no basis for concluding the IJ’s credibility finding was erroneous. In any event, assuming arguendo that petitioner is credible, we conclude that he is not eligible for asylum solely on the basis of the alleged sterilization of his purported spouse. See Shi Liang Lin v. U.S. Dep’t of Justice, 494 F.3d 296, 2007 WL 2032066 (2d Cir. 2007) (en banc).
We have considered all petitioner’s claims and find them to be without merit. Accordingly, the petition for review is hereby DENIED.
Reference
- Full Case Name
- CHENG YANG LIN v. BOARD OF IMMIGRATION APPEALS
- Status
- Published