Zheng Qiang Zheng v. Gonzales
Docket: No. 02-4705
Court: Court of Appeals for the Second Circuit; April 21, 2005; Federal Appellate Court
The petition for review filed by Zheng Qiang Zheng, a citizen of the People's Republic of China, is denied. The Board of Immigration Appeals (BIA) had affirmed an Immigration Judge's (IJ) June 12, 2001 decision denying Zheng’s application for asylum and withholding of removal under the Immigration and Nationality Act, while granting a motion for voluntary departure. The court reviews factual findings related to asylum claims under a substantial evidence standard, reversing only if no reasonable fact-finder could conclude that the petitioner suffered past persecution or had a well-founded fear of future persecution. The court affords particular deference to credibility findings made by the IJ and adopted by the BIA. In this case, the IJ's findings regarding Zheng’s claims for asylum and withholding of removal are supported by substantial evidence. Since eligibility for asylum and withholding are factually related—with a heavier burden for withholding—failure to establish eligibility for asylum results in failure for withholding as well. All claims presented by Zheng have been considered and found to lack merit. Consequently, the petition for review is denied.