16-2797 

Zhang v. Sessions 

BIA 

Loprest, IJ 

A205 427 612

UNITED STATES COURT OF APPEALS 

FOR THE SECOND CIRCUIT

SUMMARY ORDER

RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER

FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF 

APPELLATE PROCEDURE 32.1 AND THIS COURT=S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER 

IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN 

ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING TO A SUMMARY 

ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.

1 At a stated term of the United States Court of Appeals 

2 for the Second Circuit, held at the Thurgood Marshall 

3 United States Courthouse, 40 Foley Square, in the City of 

New York, on the 8th 4 day of May, two thousand eighteen. 

5 

6 PRESENT: 

7 ROBERT D. SACK,

8 BARRINGTON D. PARKER, 

9 DEBRA ANN LIVINGSTON,

10 Circuit Judges. 

11 _____________________________________ 

12 

13 RONGWEI ZHANG, 

14 Petitioner, 

15 

16 v. 16-2797 

17 NAC 

18 JEFFERSON B. SESSIONS III, 

19 UNITED STATES ATTORNEY GENERAL, 

20 Respondent. 

21 _____________________________________ 

22 

23 FOR PETITIONER: Thomas V. Massucci, New York, NY. 

24 

25 FOR RESPONDENT: Chad A. Readler, Acting Assistant 

26 Attorney General; Julie M. 

27 Iversen, Senior Litigation 

28 Counsel; Annette M. Wietecha, 

29 Trial Attorney, Office of 

30 Immigration Litigation, United 

31 States Department of Justice, 

32 Washington, DC. 
2

1 UPON DUE CONSIDERATION of this petition for review of a 

2 Board of Immigration Appeals (“BIA”) decision, it is hereby 

3 ORDERED, ADJUDGED, AND DECREED that the petition for review 

4 is DENIED. 

5 Petitioner Rongwei Zhang, a native and citizen of the 

6 People’s Republic of China, seeks review of an August 1, 

7 2016, decision of the BIA affirming a December 9, 2014, 

8 decision of an Immigration Judge (“IJ”) denying Zhang’s 

9 application for asylum, withholding of removal, and relief 

10 under the Convention Against Torture (“CAT”). In re 

11 Rongwei Zhang, No. A 205 427 612 (B.I.A. Aug. 1, 2016), 

12 aff’g No. A 205 427 612 (Immig. Ct. N.Y. City Dec. 9, 2014). 

13 We assume the parties’ familiarity with the underlying 

14 facts and procedural history in this case. 

15 Under the circumstances of this case, we have reviewed 

16 both the BIA’s and IJ’s decisions. Yun-Zui Guan v. 

17 Gonzales, 432 F.3d 391, 394 (2d Cir. 2005). The applicable 

18 standards of review are well established. See 8 U.S.C. 

19 § 1252(b)(4)(B); Xiu Xia Lin v. Mukasey, 534 F.3d 162, 165-

20 66 (2d Cir. 2008). 

21 “Considering the totality of the circumstances, and all 

22 relevant factors, [an IJ] may base a credibility 

23 determination on the applicant’s . . . demeanor, candor, or 
3

1 responsiveness . . . the consistency between the 

2 applicant’s . . . written and oral statements . . ., the 

3 internal consistency of each such statement, [and] the 

4 consistency of such statements with other evidence of 

5 record.” 8 U.S.C. § 1158(b)(1)(B)(iii); see also Xiu Xia 

6 Lin, 534 F.3d at 163-64, 167. “We defer . . . to an IJ’s 

7 credibility determination unless . . . it is plain that no 

8 reasonable fact-finder could make such an adverse 

9 credibility ruling.” Xiu Xia Lin, 534 F.3d at 167. 

10 Substantial evidence supports the agency’s determination 

11 that Zhang was not credible. 

12 The agency reasonably relied on a discrepancy regarding 

13 Zhang’s detention: while Zhang alleged that she was 

14 detained at her workplace for 2 days and was later arrested 

15 and detained by the police for 6 days, letters she 

16 submitted from her husband and her sister describe threats 

17 and harassment, but do not mention that she was arrested or 

18 detained. 8 U.S.C. § 1158(b)(1)(B)(iii); Xiu Xia Lin, 534 

19 F.3d at 166-67 & n.3 (“An inconsistency and an omission 

20 are, for [credibility] purposes, functionally 

21 equivalent.”). Zhang did not provide an explanation for 

22 the discrepancy. See Majidi v. Gonzales, 430 F.3d 77, 80-

23 81 (2d Cir. 2005) (holding that agency is not required to 
4

1 credit explanations that are less than compelling). 

2 Discrepancies regarding Zhang’s union membership and the 

3 date and manner she was fired from her job at the liquor 

4 factory provided further support for the adverse 

5 credibility ruling. 8 U.S.C. § 1158(b)(1)(B)(iii); Xiu Xia 

6 Lin, 534 F.3d at 166-67. 

7 The adverse credibility determination was bolstered by 

8 the IJ’s negative demeanor assessment, to which we defer. 

9 See Li Hua Lin v. U.S. Dep’t of Justice, 453 F.3d 99, 109 (2d 

10 Cir. 2006) (granting particular deference to the agency’s 

11 demeanor findings). Review of the transcript confirms that 

12 Zhang took several long pauses and had difficulty answering 

13 questions, especially on cross examination. 

14 The agency also reasonably relied on Zhang’s failure to 

15 provide rehabilitative corroborating evidence. See Biao 

16 Yang v. Gonzales, 496 F.3d 268, 273 (2d Cir. 2007) (“An 

17 applicant’s failure to corroborate [her] . . . testimony 

18 may bear on credibility, because the absence of 

19 corroboration in general makes an applicant unable to 

20 rehabilitate testimony that has already been called into 

21 question.”). The agency did not err in discounting the 

22 letters from Zhang’s husband and sister: these letters were 

23 authored by interested witnesses who were unavailable for 
5

1 cross examination, the letters contained substantially 

2 similar language, and, as described above, the letters 

3 conflicted with Zhang’s testimony because they omitted her 

4 detention. Y.C. v. Holder, 741 F.3d 325, 334 (2d Cir. 

5 2013) (deferring to agency’s decision to give limited 

6 weight to letter from applicant’s spouse in China). And 

7 Zhang’s failure to submit proof of her employment was 

8 problematic because she alleged that she was employed at 

9 the same factory for over 20 years and received multiple 

10 awards for her performance. 

11 Because Zhang’s claims were all based on the same 

12 factual predicate, the adverse credibility determination is 

13 dispositive of asylum, withholding of removal, and CAT 

14 relief. Paul v. Gonzales, 444 F.3d 148, 156-57 (2d Cir. 

15 2006). In light of this outcome, we do not address the 

16 agency’s alternative conclusion that Zhang was not harmed 

17 on account of a political opinion. See INS v. Bagamasbad, 

18 429 U.S. 24, 25 (1976) (“As a general rule courts and 

19 agencies are not required to make findings on issues the 

20 decision of which is unnecessary to the results they 

21 reach.”). 

22 For the foregoing reasons, the petition for review is 

23 DENIED. As we have completed our review, any stay of removal 
6

1 that the Court previously granted in this petition is VACATED, 

2 and any pending motion for a stay of removal in this petition 

3 is DISMISSED as moot. Any pending request for oral argument 

4 in this petition is DENIED in accordance with Federal Rule of 

5 Appellate Procedure 34(a)(2), and Second Circuit Local Rule 

6 34.1(b). 

7 FOR THE COURT: 

8 Catherine O’Hagan Wolfe, Clerk of Court 

9