Li Ming Lin v. Holder
Li Ming Lin v. Holder
Opinion of the Court
SUMMARY ORDER
Petitioner Li Ming Lin, a native and citizen of the People’s Republic of China, seeks review of an October 16, 2008 order of the BIA affirming the February 26, 2007 decision of Immigration Judge (“IJ”) Terry Bain, denying her applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). In re Li Ming Lin, No. A98 559 951 (B.I.A. Oct. 16, 2008), aff'g No. A98 559 951 (Immig. Ct. N.Y. City Feb. 26, 2007). We assume the parties’ familiarity with the underlying facts and procedural history of the case.
When the BIA adopts the decision of the IJ and supplements the IJ’s decision, we review the IJ’s decision as supplemented by the BIA. See Yan Chen v. Gonzales, 417 F.3d 268, 271 (2d Cir. 2005). We review the agency’s factual findings under the substantial evidence standard. 8 U.S.C. § 1252(b)(4)(B); see also Corovic v. Mukasey, 519 F.3d 90, 95 (2d Cir. 2008). We review de novo questions of law and the application of law to undisputed fact. See, e.g., Salimatou Bah v. Mukasey, 529 F.3d 99, 110 (2d Cir. 2008).
Under 8 U.S.C. § 1101(a)(42), an applicant is required to demonstrate that any past persecution or a well-founded fear of persecution is on account of his or her race, religion, nationality, political opinion, or particular social group. See also 8 U.S.C. § 1158(b)(1)(B)(i). Lin asserts that she suffered past persecution on account of her membership in a particular social group and that she has a well-founded fear of persecution on account of an imputed political opinion. We decline to consider her membership in a particular social group argument as she failed to raise it before the agency. See Lin Zhong v. U.S. Dep’t of Justice, 480 F.3d 104, 119-20 (2d Cir. 2007).
Finally, Lin’s argument that she is eligible for CAT relief because she illegally departed China is without merit.
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).
. The Government asserts that we cannot consider Lin’s CAT claim because she failed to exhaust it before the BIA. While Lin did not challenge the IJ's denial of her CAT claim in her brief to the BIA, the BIA addressed her CAT claim, thus excusing her failure to exhaust. See Xian Tuan Ye v. DHS, 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.