Neng Di Zheng v. Gonzales
Opinion of the Court
SUMMARY ORDER
Petitioner Neng Di Zheng, a native and citizen of China, seeks review of an October 6, 2006 order of the BIA affirming the March 2, 2004 decision of Immigration Judge (“IJ”) Alan Vomacka, denying Zheng’s applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). In re Len Di Zheng a. k. a Neng Di Zheng
Where the BIA affirms the IJ’s decision and supplements it, this Court reviews the IJ’s decision as supplemented by the BIA. See Yu Yin Yang v. Gonzales, 431 F.3d 84, 85 (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), overruled in part on other grounds by Shi Liang Lin v. U.S. Dep’t of Justice, 494 F.3d 296 (2d Cir. 2007) (en banc). 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).
Zheng submits that the agency erred in failing to credit his claimed fear of perse
Further, the IJ properly noted several deficiencies in the documentation that Zheng submitted to substantiate his wife’s sterilization. The IJ did not err in finding that this evidence was insufficient to rehabilitate his testimony, the credibility of which had already been cast into doubt. See Xiao Ji Chen v. U.S. Dep’t of Justice, 471 F.3d 315, 341 (2d Cir. 2006).
The IJ’s adverse credibility determination was a proper basis for the denial of Zheng’s asylum claim. The denial of asylum in this case necessarily precludes success on Zheng’s claim for withholding of removal. See Paul v. Gonzales, 444 F.3d 148, 156 (2d Cir. 2006). Moreover, absent any evidence that shows that someone in his “particular alleged circumstances” was more likely than not to be tortured because he left China illegally, the IJ properly denied Zheng’s CAT claim. See Mu Xiang Lin v. U.S. Dep’t of Justice, 432 F.3d 156, 159-60 (2d Cir. 2005).
For the foregoing reasons, the petition for review is DENIED. Having completed our review, any stay of removal that the Court previously granted in this petition is VACATED, and any pending motion for a stay of removal in this petition is DISMISSED as moot. Any pending request for oral argument in this petition is DENIED in accordance with Federal Rule of Appellate Procedure 34(a)(2), and Second Circuit Local Rule 34(d)(1).
. Zheng’s first name was misspelled as “Len” on some agency records. However, there is no indication that he ever used this name as an alias.
Reference
- Full Case Name
- NENG DI ZHENG v. Alberto R. GONZALES
- Status
- Published