Shang Jing Chen v. Holder
Shang Jing Chen v. Holder
Opinion of the Court
SUMMARY ORDER
Petitioner Shang Jing Chen, a native and citizen of the People’s Republic of China, seeks review of an August 29, 2008 order of the BIA affirming the December 7, 2006 decision of Immigration Judge (“IJ”) Helen Sichel denying his applications for asylum and withholding of removal. In re Shang Jing Chen, No. A097 331 533 (B.I.A. Aug. 29, 2008), aff'g No. A097 331 533 (Immig. Ct. N.Y. City Dec. 7, 2006). We assume the parties’ familiarity with the underlying facts and procedural history in this case.
When the BIA does not expressly “adopt” the IJ’s decision, but its brief opinion closely tracks the IJ’s reasoning, the Court may consider both the IJ’s and the BIA’s opinions “for the sake of completeness.” Zaman v. Mukasey, 514 F.3d 233, 237 (2d Cir. 2008). We review the agency’s factual findings, including adverse credibility findings, under the substantial evidence
Substantial evidence supports the IJ’s determination that Chen was not credible. Chen admitted that he provided false statements to immigration officers at his airport and credible fear interviews, and in a statement he wrote supporting a parole request. Indeed, as the IJ found, Chen provided two “completely different” bases for his asylum claim. He initially told immigration officers that he had fled from debts he owed and because he feared the repercussions of threatening to sue a government official who was a shareholder in a company in which Chen also held an ownership interest. Yet in his asylum application and in his testimony before the IJ, Chen claimed that he had suffered past persecution and feared future persecution on account of his Christian faith. The IJ was entitled to conclude that these obvious inconsistencies undermined his credibility. See Ramsameachire v. Ashcroft, 357 F.3d 169, 180-81 (2d Cir. 2004) (“Where the alien’s airport statements and his or her later testimony present materially different accounts of his or her purported persecution, however, the inconsistencies may render the alien’s testimony incredible.”).
While Chen argues that, at the time that he made the false statements, he was “mentally under [the] control” of a “snake-head” and an attorney hired by the snake-head, this was not an explanation that the IJ was required to credit. See Majidi v. Gonzales, 430 F.3d 77, 80-81 (2d Cir. 2005); see also Yun-Zui Guan v. Gonzales, 432 F.3d 391, 396, 397 n. 6, 399 n. 8 (2d Cir. 2005). Moreover, even if Chen told the truth in claiming that he was compelled to make his initial, false claim, it does not follow that his later claim was credible. To the contrary, this Court has held that even “a single false document or a single instance of false testimony may (if attributable to the petitioner) infect the balance of the alien’s uncorroborated or unauthenticated evidence.” Siewe v. Gonzales, 480 F.3d 160, 170 (2d Cir. 2007).
The IJ also relied upon additional discrepancies in finding Chen not credible, including that: (1) Chen’s asylum application did not mention that his planned baptism was interrupted by the police; (2) although the letters from his father and Darning Chen suggested that the police detained seven people based on their religious activities, Chen testified that only two people were detained; and (3) while Chen testified that he had accompanied his father to Anhui Province, the letter from his father suggested that he had not, and Chen’s asylum application did not list An-hui Province as a place he had lived. Chen failed to provide a compelling explanation for these discrepancies. See Ma-jidi, 430 F.3d at 80-81. Thus, in view of the numerous discrepancies in the record, substantial evidence supports the IJ’s adverse credibility determination. See 8 U.S.C. § 1158(b)(l)(B)(iii); Xiu Xia Lin, 534 F.3d at 167.
Finally, Chen has waived any challenge to the BIA’s denial of CAT relief. See Yueqing Zhang v. Gonzales, 426 F.3d 540, 541 n. 1, 545 n. 7 (2d Cir. 2005). In any event, we note that the BIA apparently erred in pronouncing on Chen’s eligibility for CAT relief where, before the IJ, Chen had affirmatively declined to seek that form of relief. See generally 8 C.F.R. § 1003.1.
For the foregoing reasons, the petition for review is DENIED. As we have completed our review, 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).
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