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Xing Wang Dong v. Gonzales
Citation: 236 F. App'x 689Docket: No. 04-0004-ag
Court: Court of Appeals for the Second Circuit; June 21, 2007; Federal Appellate Court
Xing Wang Dong, a citizen of China, seeks judicial review of the BIA's December 10, 2008, order, which upheld the Immigration Judge (IJ) U. Douglas Schoppert's June 18, 2002, decision denying his applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The BIA's summary affirmation requires this court to review the IJ's decision as the final agency determination, applying the substantial evidence standard to the agency's factual findings and adverse credibility determinations. Dong claimed asylum based on religious persecution, asserting police targeting due to his beliefs. However, the IJ found that the police were controlling an unauthorized parade rather than targeting Dong specifically. Even assuming Dong’s credibility, the IJ's denial was justified, as fear of prosecution for a general criminal offense does not qualify for asylum. Consequently, Dong did not meet the higher burden for withholding of removal. For his CAT claim, based on fears of torture from smugglers due to his cooperation in a prosecution, the IJ determined there was insufficient evidence of acquiescence by the Chinese government, as Dong's parents could not identify the individuals visiting them, and their complaint to the police lacked follow-up. The IJ also ruled that there was no credible basis for Dong's fear of torture related to his illegal departure from China. As a result, Dong's petition for review is denied. The court vacates any previously granted stay of removal and dismisses any pending motions for such relief as moot. Requests for oral argument are also denied.