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Jian Jiang v. Holder
Citation: 327 F. App'x 275Docket: No. 08-1033-ag
Court: Court of Appeals for the Second Circuit; May 12, 2009; Federal Appellate Court
Petitioner Jian Jiang, a Chinese national, seeks judicial review of a Board of Immigration Appeals (BIA) order affirming an Immigration Judge’s (IJ) denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The BIA's decision, dated February 7, 2008, confirmed the IJ's findings from June 26, 2006. The court applies a substantial evidence standard to review the agency’s factual findings, particularly adverse credibility determinations. Under the REAL ID Act, credibility assessments can be based on an applicant’s demeanor, plausibility of their account, and inconsistencies, regardless of their relevance to the core claim. The court defers to the IJ’s credibility determination unless it is clear that no reasonable fact-finder could reach such a conclusion. Jiang did not exhaust his challenges to the IJ’s findings regarding inconsistencies in his testimony and asylum application before the BIA, which validates the IJ’s credibility ruling. The court focused on whether the IJ erred in relying on Jiang’s demeanor. The IJ noted that Jiang provided vague and short answers lacking natural flow, which supported the adverse credibility finding. The court found no error in the IJ's assessment and determined that substantial evidence supported the IJ's conclusions. Consequently, the court denied Jiang’s petition for review, dismissed any pending motion for a stay of removal as moot, and denied the request for oral argument, finding no merit in the government's claim regarding Jiang's failure to exhaust his withholding of removal and CAT claims.