Filed: Dec. 28, 2015
Latest Update: Mar. 02, 2020
Summary: 14-925 Zhang v. Lynch BIA Nelson, IJ A087 649 629 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 NOTAT
Summary: 14-925 Zhang v. Lynch BIA Nelson, IJ A087 649 629 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 NOTATI..
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14-925
Zhang v. Lynch
BIA
Nelson, IJ
A087 649 629
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.
At a stated term of the United States Court of Appeals for
the Second Circuit, held at the Thurgood Marshall United States
Courthouse, 40 Foley Square, in the City of New York, on the
28th day of December, two thousand fifteen.
PRESENT:
ROBERT A. KATZMANN,
Chief Judge,
PETER W. HALL,
SUSAN L. CARNEY,
Circuit Judges.
_____________________________________
JING ZHANG,
Petitioner,
v. 14-925
NAC
LORETTA E. LYNCH, UNITED STATES
ATTORNEY GENERAL,
Respondent.
_____________________________________
FOR PETITIONER: Guang Jun Gao, Flushing, New York.
FOR RESPONDENT: Joyce R. Branda, Acting Assistant
Attorney General; John W. Blakeley,
Assistant Director; Katharine E.
Clark, Senior Litigation Counsel,
Office of Immigration Litigation,
United States Department of Justice,
Washington D.C.
UPON DUE CONSIDERATION of this petition for review of a
Board of Immigration Appeals (“BIA”) decision, it is hereby
ORDERED, ADJUDGED, AND DECREED that the petition for review is
DENIED in part and DISMISSED in part.
Jing Zhang, a native and citizen of the People’s Republic
of China, seeks review of a March 13, 2014, decision of the BIA
affirming the March 6, 2012, decision of an Immigration Judge
(“IJ”), denying her application for asylum, withholding of
removal, and relief pursuant to the Convention Against Torture
(“CAT”). In re Jing Zhang, No. A087 649 629 (B.I.A. Mar. 13,
2014), aff’g No. A087 649 629 (Immig. Ct. N.Y. City Mar. 6,
2012). We assume the parties’ familiarity with the underlying
facts and procedural history in this case.
We have reviewed the decisions of the IJ and the BIA “for
the sake of completeness.” Wangchuck v. Dep’t of Homeland
Sec.,
448 F.3d 524, 528 (2d Cir. 2006). The applicable
standards of review are well established. See 8 U.S.C.
§ 1252(b)(4)(B); Yanqin Weng v. Holder,
562 F.3d 510, 513 (2d
Cir. 2009).
2
“[T]o establish a well-founded fear of persecution in the
absence of any evidence of past persecution, an alien must make
some showing that authorities in h[er] country of nationality
are either aware of h[er] activities or likely to become aware
of h[er] activities.” Y.C. v. Holder,
741 F.3d 324, 332-33 (2d
Cir. 2013) (quoting Hongsheng Leng v. Mukasey,
528 F.3d 135,
143 (2d Cir. 2008) (per curiam)). We find no error in the
agency’s determination that Zhang failed to satisfy this
requirement.
The agency reasonably declined to credit an unsworn letter
from Zhang’s father asserting that officials in China were aware
of Zhang’s involvement with the Chinese Democracy Party (“CDP”)
in the United States. See
Y.C., 741 F.3d at 334. Furthermore,
the agency reasonably determined that news articles, which
suggested that only high-ranking CDP officials are subject to
arrest and mistreatment in China, were insufficient to
establish that Chinese authorities are likely to become aware
of or to be interested in her activities as a low-level member
in the CDP. See Hongsheng
Leng, 528 F.3d at 143;
Y.C., 741 F.3d
at 334-37.
3
Because the agency reasonably found that Zhang failed to
demonstrate a well-founded fear of persecution, see Hongsheng
Leng, 528 F.3d at 143, it did not err in denying asylum and
withholding of removal, see Paul v. Gonzales,
444 F.3d 148,
156-57 (2d Cir. 2006). We lack jurisdiction to consider
Zhang’s unexhausted challenge to the agency’s denial of CAT
relief. See Karaj v. Gonzales,
462 F.3d 113, 119 (2d Cir.
2006).
For the foregoing reasons, the petition for review is
DENIED in part and DISMISSED in part. As we have completed our
review, the pending motion for a stay of removal in this petition
is DENIED as moot.
FOR THE COURT:
Catherine O’Hagan Wolfe, Clerk
4