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Xiu Yu Huang v. Holder
Citation: 339 F. App'x 91Docket: No. 07-3339-ag
Court: Court of Appeals for the Second Circuit; August 3, 2009; Federal Appellate Court
Xiu Yu Huang, a citizen of the People's Republic of China, sought review of a BIA order from July 20, 2007, which affirmed an Immigration Judge's (IJ) decision from September 9, 2005, that denied her applications for asylum, withholding of removal, and Convention Against Torture (CAT) relief. The review process involves assessing the IJ’s decision supplemented by the BIA's findings. The court applies a substantial evidence standard for factual findings and reviews legal questions de novo. The court concluded that the agency did not err in denying Huang's applications. Huang's claim that the BIA did not consider her evidence was dismissed; the agency is not required to address every argument or piece of evidence individually, and it is presumed that the agency considered all evidence unless the record indicates otherwise. Consequently, the petition for review was denied, any previously granted stay of removal was vacated, and any pending motions for a stay were dismissed as moot. Additionally, requests for oral argument were denied in accordance with relevant federal rules and local circuit rules.