Xia Lin-Chen v. Holder
Docket: No. 08-3495-ag
Court: Court of Appeals for the Second Circuit; November 2, 2009; Federal Appellate Court
Petitioner Xia Lin-Chen, a citizen of China, seeks judicial review of a BIA order affirming an Immigration Judge's (IJ) 2006 decision that denied her applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The BIA's June 27, 2008 order adopts the IJ's findings, which are reviewed for substantial evidence, particularly regarding credibility determinations. The IJ found substantial discrepancies between Lin-Chen's testimony, her asylum application, and a letter from her mother. Lin-Chen only contested one discrepancy regarding a warning from Chinese authorities, claiming she provided a reasonable explanation for its omission from her application. However, the court noted that the agency is not required to address every inconsistency in detail. The IJ was justified in concluding that the warning should have been included in her application, particularly since it was a significant factor in her decision to flee China. Due to the IJ's adverse credibility determination, Lin-Chen failed to present sufficient corroborative evidence, which is critical for her claims. The IJ's discretion in weighing evidence was upheld, and the adverse credibility finding precluded her from succeeding in her asylum claims. Consequently, the petition for review is denied, any prior stay of removal is vacated, and pending motions related to the stay are dismissed as moot. Requests for oral argument are also denied.