Summary
The Second Circuit denied Ying Li's petition for review of the Board of Immigration Appeals' decision affirming the denial of her applications for asylum and withholding of removal. The court upheld the agency's adverse credibility determination based on inconsistencies and lack of corroboration, and concluded that Li failed to establish a well-founded fear of future persecution.
Holdings
- The agency's adverse credibility determination was supported by substantial evidence because Li's testimony contained material inconsistencies concerning her daughter's birth date and the length of her imprisonment, and she failed to provide sufficient corroboration.
- Li failed to establish a well-founded fear of future persecution because she presented no evidence that Chinese authorities knew or were likely to learn of her activities in the United States.
Questions Presented
- Whether substantial evidence supported the agency's adverse credibility determination concerning Li's claim of past persecution.
- Whether substantial evidence supported the agency's conclusion that Li failed to establish a well-founded fear of future persecution based on her activities in the United States.
- Whether the agency erred in denying asylum and withholding of removal.
Disposition
denied
Cases Cited (7)
- Jigme Wangchuck v. DHS, 448 F.3d 524, 528 (2d Cir. 2006)(followed)
- Xiu Xia Lin v. Mukasey, 534 F.3d 162, 163-64, 165-67 (2d Cir. 2008) (per curiam)(followed)
- Majidi v. Gonzales, 430 F.3d 77, 80-81 (2d Cir. 2005)(followed)
- Biao Yang v. Gonzales, 496 F.3d 268, 273 (2d Cir. 2007)(followed)
- Hongsheng Leng v. Mukasey, 528 F.3d 135, 143 (2d Cir. 2008) (per curiam)(followed)
- Jian Xing Huang v. U.S. INS, 421 F.3d 125, 129 (2d Cir. 2005) (per curiam)(followed)
- Paul v. Gonzales, 444 F.3d 148, 156 (2d Cir. 2006)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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