Meng Mei Lin v. Mukasey
Meng Mei Lin v. Mukasey
Opinion of the Court
SUMMARY ORDER
Meng Mei Lin, a native and citizen of the People’s Republic of China, seeks review of a December 7, 2005 order of the BIA affirming the May 26, 2004 decision of Immigration Judge (“IJ”) Alan A. Vomacka, denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). In re Meng Mei Lin, No. A79 456 544 (B.I.A. Dec. 7, 2005), affg No. A79 456 544 (Immig. Ct. N.Y. City May 26, 2004). We assume the parties’ familiarity with the underlying facts and procedural history of this case.
When the BIA affirms the IJ’s decision in all respects but one, we review the IJ’s decision as modified by the BIA decision, i.e., “minus the single argument for denying relief that was rejected by the BIA.” Xue Hong Yang v. U.S. Dep’t of Justice, 426 F.3d 520, 522 (2d Cir. 2005). Here, the BIA affirmed the IJ’s adverse credibility determination, but rejected his frivolousness finding. Thus, we review only the IJ’s adverse credibility determination. We review the agency’s factual findings, including adverse credibility determinations, under the substantial evidence standard. 8 U.S.C. § 1252(b)(4)(B); see also Manzur v. U.S. Dep’t of Homeland Sec., 494 F.3d 281, 289 (2d Cir. 2007).
For the foregoing reasons, the petition for review is DENIED. As we have 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(b).
. Because the adverse credibility determination is dispositive of Lin’s CAT claim, we decline to consider her argument that the agency committed legal error when it failed to perform a separate CAT analysis. C.f. Paul, 444 F.3d at 156.
Reference
- Full Case Name
- MENG MEI LIN v. Michael B. MUKASEY, United States Attorney General,1
- Status
- Published