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Xiu Qin Yu v. Holder
Citation: 327 F. App'x 264Docket: No. 08-1215-ag
Court: Court of Appeals for the Second Circuit; May 12, 2009; Federal Appellate Court
Xiu Qin Yu, a Chinese national, seeks review of a February 14, 2008, Board of Immigration Appeals (BIA) order affirming the Immigration Judge (IJ) Barbara Nelson's July 11, 2006, decision that denied her applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The BIA's opinion closely followed the IJ's reasoning, allowing for consideration of both in the review process. The court reviews the agency's factual findings, including credibility determinations, under the substantial evidence standard. The IJ found Yu not credible due to inconsistencies in her account of registering her daughter's birth. Initially, Yu claimed she was told she needed to pay a fine and be sterilized, but during cross-examination, she stated she fled the office out of fear of arrest. When confronted with this inconsistency, she claimed a lack of understanding, which the IJ reasonably rejected. The IJ's assessment of Yu's demeanor during testimony also played a role in the credibility determination, noting her hesitance and appearance of following a rehearsed script. Additionally, the IJ noted the lack of corroborating documentary evidence for Yu's claims. As a result, the court upheld the IJ's adverse credibility finding, leading to the failure of all claims based on the same factual basis. Consequently, the petition for review is denied, with the court vacating any previously granted stay of removal and dismissing any pending motions for such stay as moot. Oral argument requests are denied under relevant procedural rules. The case is governed by the amendments to the Immigration and Nationality Act established by the REAL ID Act of 2005.