Wen Bi Feng v. Keisler
Wen Bi Feng v. Keisler
Opinion of the Court
SUMMARY ORDER
Wen Bi Feng, a native and citizen of the People’s Republic of China, seeks review of a November 27, 2006 order of the BIA affirming the May 27, 2005 decision of Immigration Judge (“IJ”) Philip L. Mo-race, which denied his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). In re Wen Bi Feng, No. A97 959 023 (B.I.A. Nov. 27, 2006), aff'g No. A97 959 023 (Immig. Ct. N.Y. City May 27, 2005). We assume the parties’ familiarity with the underlying facts and procedural history in this case.
When the BIA agrees with the IJ’s conclusion that a petitioner is not credible and, without rejecting any of the IJ’s grounds for decision, emphasizes particular aspects of that decision, we review both the BIA’s and IJ’s opinions — or more precisely, we review the IJ’s decision including the portions not explicitly discussed by the BIA. Yun-Zui Guan v. Gonzales, 432 F.3d 391, 394 (2d Cir. 2005). We review the agency’s factual findings, including adverse credibility determinations, under the substantial evidence standard. 8 U.S.C. § 1252(b)(4)(B).
The adverse credibility determination as to Feng’s asylum claim necessarily precludes success on his claim for withholding of removal as the only evidence of a future threat to his life or freedom depended upon his credibility. See Paul v. Gonzales, 444 F.3d 148, 156-57 (2d Cir. 2006). The same is true for Feng’s CAT claim, which rests upon the same factual predicate.
For the foregoing reasons, the petition for review is DENIED. Having completed our review, petitioner’s pending motion for a stay of removal is DISMISSED as moot.
Reference
- Full Case Name
- WEN BI FENG v. Peter D. KEISLER, United States Attorney General
- Status
- Published