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Chen Zhi Hui v. Gonzales
Citation: 169 F. App'x 4Docket: No. 04-2942-AG
Court: Court of Appeals for the Second Circuit; February 15, 2006; Federal Appellate Court
The petition for review by Chen Zhi Hui, a native and citizen of the People's Republic of China, is denied. Chen sought review of the Board of Immigration Appeals (BIA) decision that rejected his application for withholding of removal under the Immigration and Nationality Act. The BIA upheld the Immigration Judge's (IJ) determination that Chen's claims of persecution as a Falun Gong practitioner lacked credibility. The IJ's adverse credibility finding relied on significant inconsistencies in Chen's testimony and supporting letters from his father and a friend. Specifically, Chen's claim that police had continually pursued him since participating in Falun Gong exercises was inconsistent with these letters. Furthermore, the IJ found Chen's reasons for his interest in Falun Gong implausible and his commitment to the practice questionable. The review applied a substantial evidence standard, confirming that the IJ's conclusions were sufficiently supported by the record. Despite minor errors in the IJ's analysis, the court was confident that the same outcome would have resulted without these errors, as overwhelming evidence supported the IJ's findings. Chen's additional claims for asylum and protection under the United Nations Convention Against Torture were dismissed; his asylum application was deemed time-barred, and he did not raise arguments regarding the Convention claim, leading to its waiver. The court ultimately finds all of Chen’s arguments without merit and denies both the petition for review and the motion for stay of removal.