Professional Documents
Culture Documents
No. 08-2032
FU LI,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
Submitted:
Decided:
Norman Kwai Wing Wong, New York, New York, for Petitioner.
Michael F. Hertz, Acting Assistant Attorney General, William C.
Peachey,
Assistant
Director,
Rebecca
Hoffberg,
Office
of
Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE,
Washington, D.C., for Respondent.
PER CURIAM:
Fu Li, a native and citizen of the Peoples Republic
of China, petitions for review of an order of the Board of
Immigration
Appeals
immigration
asylum,
(Board)
judges
dismissing
decision
withholding
of
denying
removal,
and
his
his
appeal
from
applications
withholding
the
for
under
the
review.
The
Immigration
and
Nationality
Act
authorizes
the
8 U.S.C.
well-founded
fear
of
persecution
on
account
of
race,
political
Persecution
opinion.
involves
8
the
U.S.C.
infliction
1101(a)(42)(A)
or
threat
of
(2006).
death,
171, 177 (4th Cir. 2005) (internal quotation marks and citations
omitted).
An alien bear[s] the burden of proving eligibility
for asylum, Naizgi v. Gonzales, 455 F.3d 484, 486 (4th Cir.
2006);
see
C.F.R.
1208.13(a)
(2008),
and
can
establish
Without
establish
ground.
Ngarurih
2004).
Credibility
evidence.
regard
well-founded
v.
to
past
fear
of
Ashcroft,
findings
8 C.F.R. 1208.13(b)(1)
persecution,
persecution
371
are
F.3d
an
on
182,
reviewed
alien
a
187
protected
(4th
for
can
Cir.
substantial
contradictory
testimony . . . .
evidence,
and
inherently
improbable
trier
U.S.C.
of
fact
1158(b)(1)(B)(iii)
may
base
(2006).
credibility
Specifically,
determination
on
a
the
inherent
plausibility
of
the
applicants
or
witnesss
the
consistency
of
3
such
statements
with
other
or
any
other
relevant
factor.
U.S.C.
1158(b)(1)(B)(iii).
This
deference
to
evidence.
2004).
court
credibility
Camara
A
accords
v.
broad,
findings
Ashcroft,
determination
378
regarding
though
supported
F.3d
not
by
unlimited,
substantial
361,
367
(4th
Cir.
eligibility
for
asylum
or
INS v. Elias
Administrative findings of
8 U.S.C. 1252(b)(4)(B)
Elias
Zacarias, 502 U.S. at 483-84; see Rusu v. INS, 296 F.3d 316, 325
n.14 (4th Cir. 2002).
We find substantial evidence supports the Boards and
the immigration judges finding that Li was not credible with
respect to his membership in Falun Gong.
Thus, he failed to
based
on
protected
ground.
We
further
find
substantial
with
oral
we
deny
argument
the
petition
because
the
for
facts
review.
and
We
legal
PETITION DENIED