443 F. App'x 609
2d Cir.2011Background
- Zhang, a Chinese citizen, sought asylum, withholding of removal, and CAT relief based on fear of persecution for CDP activity conducted in the United States.
- IJ denied Zhang’s applications on September 18, 2008; BIA affirmed the denial on December 16, 2010.
- Zhang argued that Chinese authorities are aware of his CDP activities through his online writings and CDP website presence.
- The agency found that Zhang failed to show the articles were published in China, were likely read by Chinese authorities, or that he could be identified from CDP postings.
- The IJ and BIA also found that photographs of Zhang on the CDP site did not reasonably identify him by name or position, undermining fear of government detection.
- The court reviews the BIA's decision for substantial evidence and upholds denial of asylum, withholding of removal, and CAT relief; petition for review is denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Zhang's fear of future persecution is well-founded | Zhang contends CDP activity in US will be known to China. | Record shows no reliable link to China; no credible likelihood of detection. | denied |
Key Cases Cited
- Hongsheng Leng v. Mukasey, 528 F.3d 135 (2d Cir. 2008) (well-founded fear requires credible link to Chinese authorities)
- Siewe v. Gonzales, 480 F.3d 160 (2d Cir. 2007) (permissible views of evidence prevent clear error in credibility determinations)
- Xiao Ji Chen v. U.S. Dep’t of Justice, 471 F.3d 315 (2d Cir. 2006) (weight afforded to evidence lies largely within agency discretion)
- Jian Xing Huang v. INS, 421 F.3d 125 (2d Cir. 2005) (well-founded fear may be speculative without solid support)
- Xue Hong Yang v. U.S. Dep’t of Justice, 426 F.3d 520 (2d Cir. 2005) (well-founded fear and asylum-related claims evaluated on the same predicate)
- Yanqin Weng v. Holder, 562 F.3d 510 (2d Cir. 2009) (traditional standards for review under 8 U.S.C. § 1252(b)(4)(B))