Xiu Min Chen v. Holder
Opinion of the Court
SUMMARY ORDER
Petitioner Xiu Min Chen, a native and citizen of the People’s Republic of China, seeks review of a July 17, 2008 order of the BIA affirming the October 26, 2007 decision of Immigration Judge (“IJ”) Alan Vomacka denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). In re Xiu Min Chen, No. A200-
We review the agency’s factual findings, including adverse credibility 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). For asylum applications governed by the REAL ID Act of 2005, the agency may, considering the totality of the circumstances, base a credibility finding on an asylum applicant’s demeanor, the plausibility of his or her account, and inconsistencies in his or her statements, without regard to whether they go “to the heart of the applicant’s claim.” 8 U.S.C. § 1158(b)(l)(B)(iii). “We defer ... to an IJ’s credibility determination unless, from the totality of the circumstances, it is plain that no reasonable fact-finder eould make such an adverse credibility ruling.” Xiu Xia Lin v. Mukasey, 534 F.3d 162, 167 (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).
Substantial evidence supports the IJ’s adverse credibility determination.
Although Chen challenges other of the IJ’s findings, we need not review her arguments because the findings she fails to challenge alone support the IJ’s credibility determination. See 8 U.S.C. § 1252(b)(4)(B). Therefore, the IJ properly denied her application for asylum and withholding of removal where the only evidence that she would be persecuted depended on her credibility. See Paul v. Gonzales, 444 F.3d 148, 156 (2d Cir. 2006).
Chen has failed to meaningfully challenge before this Court the agency’s denial of CAT relief based on her illegal departure from China. Thus, we deem any such challenge waived. See Yueqing Zhang v. Gonzales, 426 F.3d 540, 541 n. 1, 545 n. 7
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).
. We reject the government's assertion that Chen waived any challenge to the IJ’s adverse credibility determination by failing to address the REAL ID Act amendments to the INA. Cf. Yueqing Zhang v. Gonzales, 426 F.3d 540, 545 n. 7 (2d Cir. 2005); Balachova v. Mukasey, 547 F.3d 374, 380 (2d Cir. 2008).
Reference
- Full Case Name
- XIU MIN CHEN v. Eric H. HOLDER, Jr., United States Attorney General
- Status
- Published