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Cui Hua Chen v. United States Department of Justice
Citation: 157 F. App'x 362Docket: NoS. 03-40485-AG(L), 03-40489-AG NAC
Court: Court of Appeals for the Second Circuit; November 30, 2005; Federal Appellate Court
The petition for review of the Board of Immigration Appeals (BIA) decision by Cui Hua Chen and Hong Fei Lin is denied, and the BIA's decision is affirmed. Chen’s application for asylum and withholding of removal was rejected by the Immigration Judge (IJ), whose findings this Court reviews under a substantial evidence standard. The IJ's adverse credibility determination regarding Chen is supported by the record, particularly noting her demeanor during testimony, which suggested she was not recounting genuine experiences. Specific inconsistencies were identified between Chen's statements in her asylum application, her disclosures to healthcare providers about her abortions, and conflicting information regarding her Hepatitis B certificate compared to her husband's statements. The Court emphasizes that credibility determinations based on an adjudicator’s direct observations are given significant deference. Since Lin is ineligible for asylum, the IJ correctly concluded that she could not satisfy the higher burden for withholding of removal. After thorough consideration, all claims from the petitioners are found to lack merit. Consequently, the petition for review and the motion for a stay of deportation are both denied.