09-1643-ag

Chen v. Holder

BIA

Laforest, IJ

A094 917 764

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 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 Daniel Patrick Moynihan

3 United States Courthouse, 500 Pearl Street, in the City of

4 New York, on the 24 day of March, two thousand ten. th

5

6 PRESENT:

7 RALPH K. WINTER,

8 JOSÉ A. CABRANES,

9 GERARD E. LYNCH,

10 Circuit Judges. 

11 _______________________________________

12

13 SONG CHEN,

14 Petitioner, 

15

16 v. 09-1643-ag

17 NAC

18 ERIC H. HOLDER, JR., UNITED STATES

19 ATTORNEY GENERAL,

20 Respondent.

21 _______________________________________

22

23 FOR PETITIONER: Sheema Chaudhry, New York, New York.

24

25 FOR RESPONDENT: Tony West, Assistant Attorney

26 General; Cindy S. Ferrier, Senior

27 Litigation Counsel; Kimberly A.

28 Burdge, Trial Attorney, Office of

29 Immigration Litigation, United

30 States Department of Justice,

31 Washington, D.C.
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 Song Chen, a native and citizen of the People’s

6 Republic of China, seeks review of a March 26, 2009, order

7 of the BIA affirming the January 8, 2008, decision of

8 Immigration Judge (“IJ”) Brigitte Laforest, which denied his

9 application for asylum, withholding of removal, and relief

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

11 Chen, No. A094 917 764 (B.I.A. Mar. 26, 2009), aff’g No.

12 A094 917 764 (Immig. Ct. N.Y. City Jan. 8, 2008). We assume

13 the parties’ familiarity with the underlying facts and

14 procedural history in this case.

15 Under the circumstances of this case, we review the

16 decision of the IJ as supplemented by the BIA. See Yan Chen

17 v. Gonzales, 417 F.3d 268, 271 (2d Cir. 2005). The

18 applicable standards of review are well-established. See 8

19 U.S.C. § 1252(b)(4)(B); see also Xiu Xia Lin v. Mukasey, 534

20 F.3d 162, 165-66 (2d Cir. 2008). 
3

1 Substantial evidence supports the IJ’s adverse

2 credibility finding. See Xiu Xia Lin, 534 F.3d at 167; see

3 also 8 U.S.C. § 1158(b)(1)(B)(iii). 

4 In making her adverse credibility determination, the IJ

5 found that: (1) Chen gave inconsistent dates regarding when

6 he was allegedly arrested in China; (2) although Chen

7 testified that his father was still in hiding in China, his

8 father’s letter stated that he currently lives at home; (3)

9 Chen failed to mention during his credible fear interview

10 that he was arrested in China for promoting Falun Gong; and

11 (4) Chen failed to corroborate his claim that he practices

12 Falun Gong in the United States. Such were adequate bases

13 for the IJ’s adverse credibility determination. See 8

14 U.S.C. § 1158(b)(1)(B)(iii); Biao Yang v. Gonzales, 496 F.3d

15 268, 273 (2d Cir. 2007). To the extent that Chen offered

16 explanations, the IJ was not compelled to credit them. See

17 Majidi v. Gonzales, 430 F.3d 77, 80-81 (2d Cir. 2005).

18 For the foregoing reasons, the petition for review is

19 DENIED. As we have completed our review, any stay of

20 removal that the Court previously granted in this petition

21 is VACATED, and any pending motion for a stay of removal in

22 this petition is DISMISSED as moot. Any pending request for
4

1 oral argument in this petition is DENIED in accordance with

2 Federal Rule of Appellate Procedure 34(a)(2), and Second

3 Circuit Local Rule 34.1(b).

4

5 FOR THE COURT: 

6 Catherine O’Hagan Wolfe, Clerk

7

8