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Xiao Li Gao v. Gonzales
Citation: 177 F. App'x 178Docket: No. 05-0027-ag
Court: Court of Appeals for the Second Circuit; April 24, 2006; Federal Appellate Court
Xiao Li Gao petitions for review of the Board of Immigration Appeals (BIA) denial of his motion to reconsider its prior decision, which affirmed the immigration judge's (IJ) denial of his asylum, withholding of removal, and relief under the Convention Against Torture. The court reviews BIA's denial for abuse of discretion, requiring that a motion to reconsider identifies specific errors in the BIA's prior decision. Gao claimed the BIA overlooked his explanation regarding a perceived inconsistency about when he learned of his wife's abortion, which he presented during his hearing. The court presumes that the IJ considered all evidence unless the record indicates otherwise and that the IJ is not obligated to explicitly address every explanation provided by the petitioner. The court found no compelling evidence to suggest that either the IJ or BIA failed to consider Gao's explanation. The BIA's dismissal of Gao's argument was deemed reasonable, given that the IJ had additional grounds for his adverse credibility determination. Consequently, the BIA's refusal to reconsider its previous decision was not an abuse of discretion. As a result, the court denied Gao's petition for review, vacated any previously granted stay of removal, and denied any pending motions for a stay of removal and requests for oral argument.