429 F. App'x 59
2d Cir.2011Background
- Petitioner Yan Zhu Tang is a native and citizen of China seeking asylum, withholding of removal, and CAT relief.
- The BIA affirmed an IJ’s May 30, 2008 denial of Tang’s asylum and related relief, on June 4, 2010.
- Tang’s claims concern political activity, specifically her participation in the China Democracy Party while in the United States.
- The court reviews the IJ’s decision as modified by the BIA, applying customary standards of review for asylum determinations.
- Tang concedes CAT relief is unavailable or inapplicable and does not challenge CAT denial on appeal.
- The court analyzes whether Tang has a well-founded fear of future persecution based on her political activities in the United States and her return to China is not established by substantial evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Tang has a well-founded fear of future persecution for political activity | Tang–well-founded fear based on China Democracy Party involvement | Government–no objectively reasonable fear; Tang is a low-level activist | denied: substantial evidence supports no well-founded fear |
Key Cases Cited
- Xue Hong Yang v. U.S. Dep’t of Justice, 426 F.3d 520 (2d Cir. 2005) (guides review and standard for agency decisions)
- Yanqin Weng v. Holder, 562 F.3d 510 (2d Cir. 2009) (clarifies burdens and standard of review in persecution determinations)
- Hongsheng Leng v. Mukasey, 528 F.3d 135 (2d Cir. 2008) (supports requirement that similarly situated persecuted individuals establish risk)
- Ramsameachire v. Ashcroft, 357 F.3d 169 (2d Cir. 2004) (discusses objective reasonableness of fear and burden on applicant)
- Yueqing Zhang v. Gonzales, 426 F.3d 540 (2d Cir. 2005) (illustrates argument waiver due to insufficient briefing)