Ling Lin v. Holder

Summary

The Second Circuit denied Ling Lin’s petition for review of a Board of Immigration Appeals decision denying asylum, withholding of removal, and Convention Against Torture relief. The court upheld the agency’s adverse credibility determination based on striking similarities among statements submitted by Lin, her mother, and her boyfriend. The court dismissed as moot Lin’s pending motion for a stay of removal.

Holdings

1. Even assuming without deciding that the IJ's inconsistency finding was flawed, remand was unwarranted because the striking similarities among the submitted statements independently provided substantial evidence supporting the adverse credibility determination.
2. The agency did not err in denying asylum, withholding of removal, and relief under the Convention Against Torture because the adverse credibility determination was supported by substantial evidence.

Questions Presented

1. Whether the agency's adverse credibility determination was supported by substantial evidence despite a potentially flawed inconsistency finding.
2. Whether the similarities between Lin's statement and statements from her mother and boyfriend reasonably supported the adverse credibility determination.
3. Whether the agency erred in denying asylum, withholding of removal, and CAT relief.

Disposition

writ_denied