Libin Xue v. Holder ( 2014 )

13-2130
Xue v. Holder
BIA
Bukszpan, IJ
A093 408 573
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 Thurgood Marshall United
3 States Courthouse, 40 Foley Square, in the City of New York,
4 on the 3rd day of November, two thousand fourteen.
5
6 PRESENT:
7 JON O. NEWMAN,
8 DENNIS JACOBS,
9 PIERRE N. LEVAL,
10 Circuit Judges.
11 _____________________________________
12
13 LIBIN XUE,
14 Petitioner,
15
16 v. 13-2130
17 NAC
18
19 ERIC H. HOLDER, JR., UNITED STATES
20 ATTORNEY GENERAL,
21 Respondent.
22 _____________________________________
23
24 FOR PETITIONER: Libin Xue, pro se, Flushing, New
25 York.
26
27 FOR RESPONDENT: Stuart F. Delery, Assistant Attorney
28 General; David V. Bernal, Assistant
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1 Director; Anthony C. Payne, Senior
2 Litigation Counsel, Office of
3 Immigration Litigation, United
4 States Department of Justice,
5 Washington, D.C.
6
7 UPON DUE CONSIDERATION of this petition for review of a
8 Board of Immigration Appeals (“BIA”) decision, it is hereby
9 ORDERED, ADJUDGED, AND DECREED that the petition for review
10 is DENIED.
11 Libin Xue, a native and citizen of China, seeks review
12 of a May 3, 2013, decision of the BIA that: (1) affirmed the
13 January 6, 2011, decision of Immigration Judge (“IJ”) Joanna
14 Miller Bukszpan, denying her application for asylum,
15 withholding of removal, and relief under the Convention
16 Against Torture (“CAT”); and (2) denied her motion to
17 remand. In re Libin Xue, No. A093 408 573 (B.I.A. May 3,
18 2013), aff’g No. A093 408 573 (Immig. Ct. N.Y. City Jan. 6,
19 2011). We assume the parties’ familiarity with the
20 underlying facts and procedural history of this case.
21 Under the circumstances of this case, we have reviewed
22 the IJ’s decision as supplemented by the BIA. See Yan Chen
23 v. Gonzales, 417 F.3d 268, 271 (2d Cir. 2005). The
24 applicable standards of review are well established. See
25 Yanqin Weng v. Holder, 562 F.3d 510, 513 (2d Cir. 2009); see
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1 also Jian Hui Shao v. Mukasey, 546 F.3d 138, 168-69 (2d Cir.
2 2008); Li Yong Cao v. U.S. Dep’t of Justice, 421 F.3d 149,
3 156-57 (2d Cir. 2005).
4 Xue applied for asylum, withholding of removal, and CAT
5 relief based on her claim that she fears persecution because
6 she has had more than one child in violation of China’s
7 population control program. For largely the same reasons as
8 this Court set forth in Jian Hui Shao, 546 F.3d 138, we find
9 no error in the agency’s determination that Xue failed to
10 demonstrate her eligibility for relief. See id. at 158-72.
11 As to Xue’s motion to remand, we find no error in the
12 BIA’s determination that she failed to demonstrate her prima
13 facie eligibility for relief based on her conversion to
14 Christianity. The evidence Xue submitted did not
15 demonstrate that Chinese authorities are aware of, or likely
16 to become aware of, her religious practice. See Hongsheng
17 Leng v. Mukasey, 528 F.3d 135, 143 (2d Cir. 2008); see also
18 Jian Hui Shao, 546 F.3d at 168.
19 For the foregoing reasons, this petition for review is
20 DENIED. As we have completed our review, any stay of
21 removal that the Court previously granted in this petition
22 is VACATED, and any pending motion for a stay of removal in
08152014-B3-4 3
1 this petition is DISMISSED as moot. Any pending request for
2 oral argument in this petition is DENIED in accordance with
3 Federal Rule of Appellate Procedure 34(a)(2), and Second
4 Circuit Local Rule 34.1(b).
5 FOR THE COURT:
6 Catherine O’Hagan Wolfe, Clerk
7
8
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