Bin Lin v. Mukasey
Bin Lin v. Mukasey
Opinion of the Court
SUMMARY ORDER
Petitioner Bin Lin, a native and citizen of the People’s Republic of China, seeks review of the July 12, 2007 order of the BIA affirming the December 8, 2005 decision of Immigration Judge (“IJ”) Barbara A. Nelson, denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). In re Bin Lin, No. A98 560 438 (B.I.A. July 12, 2007), aff'g No. A98 560 438 (Immig. Ct. N.Y. City Dec. 8, 2005). We assume the parties’ familiarity with the underlying facts and procedural history of the case.
When the BIA does not expressly “adopt” the IJ’s decision, but its brief opinion closely tracks the IJ’s reasoning, we may consider both the IJ’s and the BIA’s opinions for the sake of completeness if doing so does not affect our ultimate conclusion. Wangchuck v. DHS, 448 F.3d 524, 528 (2d Cir. 2006). We review the agency’s factual findings, including adverse credibility determinations, under the substantial evidence standard. See 8 U.S.C. § 1252(b)(4)(B); Dong Gao v. BIA, 482 F.3d 122, 126 (2d Cir. 2007). For applications governed by the REAL ID Act of 2005, the agency may, considering the totality of the circumstances, base a credibility finding on an asylum applicant’s demeanor, the plausibility of his or her account, and inconsistencies in his or her statements, without regard to whether they go “to the heart of the applicant’s claim.” 8 U.S.C. § 1158(b)(l)(B)(iii).
Upon review of the administrative record, we find that substantial evidence supports the agency’s adverse credibility determination. The multiple specific examples of discrepancies between Lin’s testimony and the record — e.g., his failure to disclose during his airport interview that he had been arrested and detained for fifteen days,
Lin based his claims for withholding of removal and CAT relief on the same factual predicate as his asylum claim. Accordingly, the agency’s adverse credibility determination necessarily precludes success
For the foregoing reasons, the petition for review is DENIED.
. Our review of the record leads us to conclude that the airport interview statement was sufficiently reliable to merit consideration. See Ramsameachire v. Ashcroft, 357 F.3d 169, 179-80 (2d Cir. 2004).
. Because Lin failed to argue before either this Court or the BIA his claims for relief based on the illegal nature of his departure from China, we consider that basis for relief abandoned. See Gui Yin Liu v. INS, 508 F.3d 716, 723 n. 6 (2d Cir. 2007).
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