Xiao Qing Li v. Holder
Xiao Qing Li v. Holder
Opinion of the Court
SUMMARY ORDER
Xiao Qing Li, a native and citizen of the People’s Republic of China, seeks review
1. Asylum and Withholding of Removal
When the BIA issues an opinion that fully adopts the IJ’s decision, we review the IJ’s decision. See Mei Chai Ye v. U.S. Dep’t of Justice, 489 F.3d 517, 523 (2d Cir. 2007). We review the agency’s factual findings under the substantial evidence standard. See 8 U.S.C. § 1252(b)(4)(B); Manzur v. U.S. Dep’t of Homeland Sec., 494 F.3d 281, 289 (2d Cir. 2007). We review de novo questions of law and the application of law to undisputed fact. See Passi v. Mukasey, 535 F.3d 98, 101 (2d Cir. 2008).
We conclude that the agency properly found that Li failed to establish that he suffered past persecution, or has a well-founded fear of persecution, on account of a protected ground. While Li argues that he was a member of the particular social group of “agricultural farmer[s] in the Chinese household registration system,” his argument is unavailing, as he fails to establish that this is a cognizable particular social group under the Immigration and Nationality Act.
Additionally, Li argues that his resistance to the confiscation of his family’s property was an expression of his political opinion.
Li’s failure to establish the requisite nexus to a protected ground is fatal to his claims for asylum and withholding of removal. Thus, we do not consider his challenge to the agency’s finding that the harm that he suffered did not amount to persecution, or that he did not establish a well-founded fear of persecution.
II: CAT Relief
In his brief to this Court, Li fails to raise any challenge to the agency’s denial
For the foregoing reasons, the petition for review is DENIED. As we have completed our review, the pending motion for a stay of removal in this petition is DISMISSED as moot.
. The Government argues that Li failed to exhaust this claim before the BIA. However, the BIA specifically addressed the question of whether Li established persecution on account of political opinion, excusing any failure to exhaust. See Xian Tuan Ye v. Dep’t of Homeland Sec., 446 F.3d 289, 296-97 (2d Cir. 2006); Waldron v. INS, 17 F.3d 511, 515 n. 7 (2d Cir. 1994).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.