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Xiu Jin Wang v. Board of Immigration Appeals

Xiu Jin Wang v. Bd. of Immigration Appeals, 87 F. App'x 209 (2d Cir. 2004)
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Court
Court of Appeals for the Second Circuit · U.S. Courts of Appeals
Decided
February 10, 2004
Docket
No. 02-4889
Citations
87 F. App'x 209

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

SUMMARY ORDER

Xiu Jin Wang submits this petition to review an order of the Board of Immigration Appeals (“BIA”) summarily affirming the denial of her application for asylum and withholding of deportation. The petition is denied.

The BIA may summarily affirm a decision by an immigration judge (“IJ”) if the IJ’s decision “contains sufficient reasoning and evidence to enable [the Court] to determine that the requisite factors were considered.” Arango-Aradondo v. INS, 13 F.3d 610, 613 (2d Cir.1994). Here the BIA’s decision identifies the IJ’s decision as the final agency determination and the IJ’s decision contains sufficient reasoning and evidence to permit review of its conclusions.

We uphold factual findings concerning asylum eligibility if they are supported by substantial evidence. Melgar de Torres v. Reno, 191 F.3d 307, 312-13 (2d Cir.1999). Substantial evidence is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Richardson v. Perales, 402 U.S. 389, 401 , 91 S.Ct. 1420 , 28 L.Ed.2d 842 (1971) (citation and internal quotations omitted). The scope of our review is thus “exceedingly narrow.” Melgar de Torres, 191 F.3d at 313 (citation and internal quotation marks omitted). And we defer to an IJ’s credibility findings. Qiu v. Ashcroft, 329 F.3d 140 , 146 n. 2 (2d Cir.2003). Here, the IJ identified a number of inconsistencies in Wang’s testimony as well as a number of inconsistencies between Wang’s testimony and that of her husband. These inconsistencies involved the circumstances of her sterilization and thus went to the heart of her asylum application. The IJ’s refusal to credit Wang’s testimony based on these inconsistencies was reasonable, even considering only the inconsistencies in Wang’s own testimony, and the IJ’s denial of her application was based on substantial evidence. We therefore deny the petition for review.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

2005: 320052026peak 2005 · 3

Relies on it most ⓘ

  1. Qun Zheng v. Alberto Gonzales, Attorney General of the United States of America417 F.3d 379 (3d Cir. 2005)
  2. Zheng v. Atty Gen USANo. 04-3008 (3d Cir. Aug. 15, 2005)
  3. Zheng v. Atty Gen USANo. 04-3008 (3d Cir. July 20, 2005)

Most recent

  1. Zheng v. Atty Gen USANo. 04-3008 (3d Cir. Aug. 15, 2005)
  2. Qun Zheng v. Alberto Gonzales, Attorney General of the United States of America417 F.3d 379 (3d Cir. 2005)
  3. Zheng v. Atty Gen USANo. 04-3008 (3d Cir. July 20, 2005)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Richardson v. Perales, 402 U.S. 389 (1971) 23,092
Marta Brigida Melgar De Torres v. Reno, 191 F.3d 307 (2d Cir. 1999) 544
Jin Shui Qiu v. Ashcroft, 329 F.3d 140 (2d Cir. 2003) 488
Jairo Arango-Aradondo v. Immigration & Naturalization Serv., 13 F.3d 610 (2d Cir. 1994) 145

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