Wen Sheng Chen v. Holder
Docket: No. 08-4733-ag
Court: Court of Appeals for the Second Circuit; June 16, 2009; Federal Appellate Court
Wen Sheng Chen, a citizen of the People’s Republic of China, petitioned for review of a BIA order affirming an Immigration Judge's (IJ) denial of his asylum application, withholding of removal, and relief under the Convention Against Torture (CAT). The BIA's affirmation followed the IJ's September 17, 2007 decision, which included findings of Chen's lack of credibility based on inconsistencies in his testimony regarding his wife’s abortions and related circumstances. Key inconsistencies included the timing of the abortions, Chen's whereabouts during these events, his wife's hiding status, and whether she had intentionally removed IUDs. The IJ's adverse credibility finding was supported by substantial evidence, leading to the denial of Chen's asylum claim, which also affected his withholding of removal and CAT claims. The agency found that Chen did not provide sufficient evidence that a similarly situated individual would face torture, particularly regarding his alleged illegal departure from China. Consequently, the petition for review was denied, and the motion for a stay of removal was dismissed as moot.