Run v. Barr


18-776 Run v. Barr BIA Christensen, IJ A206 466 061 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 19th day of September, two thousand nineteen. PRESENT: PETER W. HALL, JOSEPH F. BIANCO, MICHAEL H. PARK, Circuit Judges. _____________________________________ ZHUO DA RUN, AKA, RUN DA ZHUO Petitioner, v. 18-776 NAC WILLIAM P. BARR, UNITED STATES ATTORNEY GENERAL, Respondent. _____________________________________ FOR PETITIONER: Gerald Karikari, Karikari & Associates, P.C., New York, NY. FOR RESPONDENT: Joseph H. Hunt, Assistant Attorney General; Paul Fiorino, Senior Litigation Counsel; Erik R. Quick, Trial Attorney, Office of Immigration Litigation, United States Department of Justice, Washington, DC. 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. Petitioner Zhuo Da Run (“Zhuo”), a native and citizen of the People’s Republic of China, seeks review of a February 27, 2018, decision of the BIA affirming a May 18, 2017, decision of an Immigration Judge (“IJ”) denying Zhuo’s application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). In re Zhuo Da Run, No. A 206 466 061 (B.I.A. Feb. 27, 2018), aff’g No. A 206 466 061 (Immig. Ct. N.Y. City May 18, 2017). We assume the parties’ familiarity with the underlying facts and procedural history in this case. We have reviewed both the BIA’s and IJ’s decisions. See Yun-Zui Guan v. Gonzales, 432 F.3d 391, 394 (2d Cir. 2005). We review adverse credibility determinations for substantial evidence. See 8 U.S.C. § 1252(b)(4)(B); Hong Fei Gao v. Sessions, 891 F.3d 67, 76 (2d Cir. 2018). “Considering the totality of the circumstances, and all relevant factors, a trier of fact may base a credibility determination on the demeanor, candor, or responsiveness of the applicant or 2 witness, . . . the consistency between the applicant’s or witness’s written and oral statements . . . , the internal consistency of each such statement, the consistency of such statements with other evidence of record . . . , and any inaccuracies or falsehoods in such statements . . . .” 8 U.S.C. § 1158(b)(1)(B)(iii). “We defer . . . to an IJ’s credibility determination unless, from the totality of the circumstances, it is plain ...

Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals