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Sheng Kai Dong v. Immigration & Naturalization Service
Citation: 196 F. App'x 32Docket: No. 04-1470-ag
Court: Court of Appeals for the Second Circuit; September 11, 2006; Federal Appellate Court
Sheng Kai Dong's petition for review of the Board of Immigration Appeals (BIA) decision, which affirmed Immigration Judge Patricia Rohan's denial of his asylum application, withholding of removal, and relief under the Convention Against Torture (CAT), has been denied. The BIA's summary affirmation led this Court to review the IJ's decision as the final agency determination. The IJ found Dong's varying accounts of his fear of future persecution undermined his credibility. Specifically, Dong's oral testimony about being sought by Chinese authorities for writing false prescriptions conflicted with his asylum application and his parents' letter, which claimed he was wanted for religious proselytizing. This inconsistency was deemed fatal to his credibility. The IJ reasonably concluded that the threat from Chinese authorities stemmed from non-protected grounds, such as writing false prescriptions, rather than religious persecution. Consequently, the IJ determined that Dong had not established a well-founded fear of future persecution or presented objective evidence of likely torture upon return to China. Therefore, the denial of asylum, withholding of removal, and CAT relief was appropriate. The Court vacated any previously granted stay of removal, denied any pending motion for a stay as moot, and also denied any request for oral argument.