Filed: Jan. 19, 2011
Latest Update: Feb. 21, 2020
Summary: 09-5098-ag Yan v. Holder BIA Schoppert, IJ A099 026 125 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
Summary: 09-5098-ag Yan v. Holder BIA Schoppert, IJ A099 026 125 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 ..
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09-5098-ag
Yan v. Holder
BIA
Schoppert, IJ
A099 026 125
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 19 th day of January, two thousand eleven.
5
6 PRESENT:
7 REENA RAGGI,
8 GERARD E. LYNCH,
9 DENNY CHIN,
10 Circuit Judges.
11 _______________________________________
12
13 LAN YAN,
14
15 Petitioner,
16
17 v. 09-5098-ag
18 NAC
19 ERIC H. HOLDER, JR., UNITED STATES
20 ATTORNEY GENERAL,
21
22 Respondent.
23 ______________________________________
24
25 FOR PETITIONER: Gerald Karikari, Law Office of
26 Gerald Karikari, P.C., New York, New
27 York.
28
29 FOR RESPONDENT: Tony West, Assistant Attorney
30 General; David V. Bernal, Assistant
31 Director; Anthony C. Payne, Senior
32 Litigation Counsel, Office of
33 Immigration Litigation, Civil
34 Division, U.S. Department of
35 Justice, Washington, D.C.
1
2 UPON DUE CONSIDERATION of this petition for review of a
3 Board of Immigration Appeals (“BIA”) decision, it is hereby
4 ORDERED, ADJUDGED, AND DECREED that the petition for review
5 is DENIED.
6 Petitioner, Lan Yan, a native and citizen of the
7 People’s Republic of China, seeks review of a November 18,
8 2009, order of the BIA affirming the March 12, 2008,
9 decision of Immigration Judge (“IJ”) Douglas B. Schoppert
10 denying her application for asylum, withholding of removal,
11 and relief under the Convention Against Torture (“CAT”). In
12 re Lan Yan, No. A099 026 125 (B.I.A. Nov. 18, 2009), aff’g
13 No. A099 026 125 (Immig. Ct. N.Y. City Mar. 12, 2008). We
14 assume the parties’ familiarity with the underlying facts
15 and procedural history of the case.
16 “Where the BIA adopts an IJ’s decision, we review the
17 IJ’s factual findings, including adverse credibility
18 determinations, under the substantial evidence standard,
19 treating them as ‘conclusive unless any reasonable
20 adjudicator would be compelled to conclude to the
21 contrary.’” Corovic v. Mukasey, 519 F.3d 90, 95 (2d Cir.
22 2008), quoting 8 U.S.C. § 1252(b)(4)(B); see also Shu Wen
23 Sun v. BIA,
510 F.3d 377, 380 (2d Cir. 2007) (“we undertake
2
1 a highly deferential review of the IJ’s findings,” including
2 adverse credibility determnations (internal quotation marks omitted)).
3 Substantial evidence supports the IJ’s adverse
4 credibility determination. The IJ reasonably found Yan not
5 credible because: (1) her testimony that she was detained
6 for three days was contradicted by her asylum application in
7 which she indicated that she had never been detained; (2) in
8 her credible fear interview, her application, and her
9 testimony, she gave conflicting accounts of the gender,
10 birth order, and birth dates of her two children, and she
11 has offered only incredible explanations for those
12 inconsistencies; and (3) she admitted at her hearing that
13 she lied to immigration officials, giving yet another
14 conflicting account of her children’s gender to avoid
15 removal. See Xiu Xia Lin v. Mukasey, 534 F.3d 162, 166-167
16 (2d Cir. 2008). Moreover, a reasonable factfinder would not
17 have been compelled to credit her explanations for the
18 inconsistency and falsehood. See Majidi v. Gonzales, 430
19 F.3d 77, 80-81 (2d Cir. 2005). Additionally, the IJ’s
20 unchallenged finding that Yan failed to provide adequate
21 corroborating evidence to rehabilitate her otherwise
22 incredible testimony provides further support for the IJ’s
3
1 adverse credibility determination. See Biao Yang v.
2 Gonzales, 496 F.3d 268, 273 (2d Cir. 2007).
3 The IJ’s adverse credibility determination was fatal to
4 her application for asylum, withholding of removal, and CAT
5 relief. See Paul v. Gonzales,
444 F.3d 148, 157 (2d Cir.
6 2006).
7 For the foregoing reasons, the petition for review is
8 DENIED. As we have completed our review, any stay of
9 removal that the Court previously granted in this petition
10 is VACATED, and any pending motion for a stay of removal in
11 this petition is DISMISSED as moot.
12 FOR THE COURT:
13 Catherine O’Hagan Wolfe, Clerk
14
4
