Li v. Lynch

Petitioner, a native and citizen of the People's Republic of China, seeks review of the BIA's order affirming the IJ's denial of her application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). Because petitioner did not object to the introduction of the credible fear interview notes at her merits hearing and did not make a due process argument in her brief to the BIA, the court declined to review her due process argument as unexhausted. The court agreed with petitioner that the IJ and BIA erred in some of its findings, but nonetheless concluded that substantial evidence supported the IJ and BIA's ultimate ruling regarding past persecution. The agency cited numerous and important consistencies among petitioner's testimony, written application, and credible fear interview. Finally, the court concluded that there is no error in the agency’s conclusion that petitioner failed to show that her fear of future persecution resulting from her activities with the China Democracy Party was objectively reasonable. Accordingly, the court denied the petition for review, vacated the stay of removal, and dismissed any pending motion for a stay of removal as moot. View "Li v. Lynch" on Justia Law