Summary
The Second Circuit denied review of the BIA’s adverse credibility determination that barred a Chinese Christian petitioner’s claims for asylum, withholding of removal, and CAT relief. Substantial evidence supported the agency’s findings that the petitioner’s demeanor was rehearsed and evasive, and that his testimony and supporting documents contained material inconsistencies and omissions concerning police harassment after his release. The ruling affirms that under 8 U.S.C. § 1158(b)(1)(B)(iii), credibility may be based on demeanor and inconsistencies without regard to whether they go to the heart of the claim.
Holdings
- Substantial evidence supports the agency's determination that Hong Tong Zheng was not credible regarding his claims of persecution.
Questions Presented
- Whether substantial evidence supports the agency's adverse credibility determination.
Disposition
other
Cases Cited (8)
- Yan Chen v. Gonzales, 417 F.3d 268 (2d Cir. 2005)(cited)
- Xiu Xia Lin v. Mukasey, 534 F.3d 162 (2d Cir. 2008)(cited)
- Majidi v. Gonzales, 430 F.3d 77 (2d Cir. 2005)(cited)
- Li Hua Lin v. U.S. Dep't of Justice, 453 F.3d 99 (2d Cir. 2006)(cited)
- Pavlova v. I.N.S., 441 F.3d 82 (2d Cir. 2006)(cited)
- Xiao Ji Chen v. U.S. Dep't of Justice, 471 F.3d 315 (2d Cir. 2006)(cited)
- Biao Yang v. Gonzales, 496 F.3d 268 (2d Cir. 2007)(cited)
- Paul v. Gonzales, 444 F.3d 148 (2d Cir. 2006)(cited)
Cited In (0)
No citing cases on record yet.
Court Document
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