Gaoxiang Zhang v. Lynch
Opinion of the Court
SUMMARY ORDER
Petitioner Gaoxiang Zhang, a native and citizen of the People’s Republic of China,
Under the circumstances of this case, we have reviewed the IJ’s decision, including the portions not explicitly discussed by the BIA. See Guan v. Gonzales, 432 F.3d 391, 394 (2d Cir. 2005). The applicable standards of review are well established. See 8 U.S.C. § 1252(b)(4)(B); Weng v. Holder, 562 F.3d 510, 513 (2d Cir. 2009).
For asylum applications such as Zhang’s, governed by the amendments made to the Immigration and Nationality Act 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, candor, or responsiveness,” the plausibility of his account, and inconsistencies in his statements, without regard to whether they go “to the heart of the applicant’s claim.” 8 U.S.C. § 1158(b)(l)(B)(iii); see Lin v. Mukasey, 534 F.3d 162, 167 (2d Cir. 2008). Further, for purposes of a credibility determination, “[a]n inconsistency and an omission are ... functionally equivalent.” Lin, 534 F.3d at 166 n. 3. “We defer ... to an IJ’s credibility determination unless, from the totality of the circumstances, it is plain that no reasonable fact-finder could make such an adverse credibility ruling.” Id. at 167. In this case, the agency reasonably based its adverse credibility determination on an omission from Zhang’s asylum application and from his mother’s letter and the lack of plausible explanation for those omissions.
For the first time on cross-examination, Zhang testified that he received medical treatment after being arrested at a house church meeting and detained but did not have any documentary proof of the treatment. He claimed that he tried to obtain evidence from the doctor but that the doctor no longer had the notes he had taken during Zhang’s visit. When asked why neither his written statement nor his mother’s letter mentioned that Zhang had required medical attention, Zhang testified that his mother must have forgotten to mention it, and that he must not have noticed that it was missing from his own statement.
The REAL ID Act allows the agency to base a credibility finding on any inconsistency, without regard to whether it goes “to the heart of the applicant’s claim.” § 1158(b)(l)(B)(iii). The omission of Zhang’s medical treatment provides substantial evidence supporting the agency’s adverse credibility determination. See Lin, 534 F.3d at 166. Further, the IJ reasonably rejected Zhang’s explanation for the omission. See Majidi v. Gonzales, 430 F.3d 77, 81 (2d Cir. 2005).
Additionally, the agency’s finding that Zhang failed to meet his burden of establishing a well-founded fear of future persecution is supported by substantial evidence. See 8 U.S.C. § 1252(b)(4)(B). In finding that Zhang’s fear of persecution was not objectively reasonable, the agency relied on the fact that Zhang was not a church leader and would not be entirely prevented from practicing his religion. Huang v. INS, 421 F.3d 125, 129 (2d Cir. 2005). The country condition reports in the record support these conclusions.
Because, based on the credibility and burden findings, Zhang cannot demonstrate his eligibility for asylum, his claims
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.
Reference
- Full Case Name
- GAOXIANG ZHANG v. Loretta E. LYNCH, United States Attorney General
- Cited By
- 1 case
- Status
- Published