Xue Hua Liu v. Holder
Xue Hua Liu v. Holder
Opinion of the Court
SUMMARY ORDER
Petitioner Xue Hua Liu, a native and citizen of the People’s Republic of China, seeks review of the October 2, 2008 order of the BIA affirming the April 10, 2007 decision of Immigration Judge (“IJ”) Margaret R. Reichenberg denying her applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). In re Xue Hua Liu, No. A098 980 963 (B.I.A. Oct. 2, 2008), aff'g No. A098 980 963 (Immig. Ct. N.Y. City Apr. 10, 2007). 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 decision closely tracks the IJ’s reasoning, we 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 under the substantial evidence standard. 8 U.S.C. § 1252(b)(4)(B); see Manzur v. U.S. Dep’t of Homeland Sec., 494 F.3d 281, 289 (2d Cir. 2007). Questions of law ánd the application of law to undisputed fact are reviewed de novo. See Salimatou Bah v. Mukasey, 529 F.3d 99, 110 (2d Cir. 2008).
Liu argues that the agency erred by failing to grant her relief based on her alleged resistance to China’s coercive family planning policy. See 8 U.S.C. § 1101(a)(42). To demonstrate eligibility
Liu also argues that the agency erred by concluding that her economic mistreatment did not rise to the level of persecution. Although the BIA has recognized that economic harm may constitute persecution, see Matter of Acosta, 19 I. & N. Dec. 211, 222 (BIA 1985), “the economic difficulties must be above and beyond those generally shared by others in the country ... and involve noticeably more than mere loss of social advantages or physical comforts,” Matter of T-Z-, 24 I. & N. Dec. 163, 171-73 (BIA 2007) (recognizing that economic persecution encompasses “the deliberate imposition of severe economic disadvantage or the deprivation of liberty, food, housing, employment or other essentials of life.”).
Here, the agency reasonably determined that increased fees for Liu’s schooling and limitations on her career prospects did not constitute a “severe economic disadvantage” tantamount to persecution. There is no evidence that Liu was deprived of any basic necessities, and while she was precluded from obtaining certain government positions, she failed to demonstrate that she was ineligible for employment generally. Thus, we find no error in the agency’s denial of Liu’s asylum claim predicated on her allegations of economic persecution. We similarly decline Liu’s request that we remand her case so that she may introduce additional evidence in support of that claim. See Xiao Xing Ni v. Gonzales, 494 F.3d 260, 269 (2d Cir. 2007).
Because Liu failed to establish her eligibility for asylum, the agency also correctly denied her claim for withholding of removal because it was based on the same factual predicate. See Paul v. Gonzales, 444 F.3d 148, 156 (2d Cir. 2006) (failure to establish eligibility for asylum necessarily precludes eligibility for withholding of removal because of the latter’s higher standard of proof).
As a final matter, Liu asserts that the agency failed to give meaningful consideration to her claim for CAT relief based on her illegal departure. However, it is well-settled that the agency does not err in finding that a petitioner is not “entitled to CAT protection based solely on the fact that she is part of the large class of persons who have illegally departed China.” See Mu Xiang Lin v. U.S. Dep’t of Justice, 432 F.3d 156, 160 (2d Cir. 2005). Thus,
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).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.