Libin Xue v. Holder

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 08152014-B3-4 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 08152014-B3-4 2 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 08152014-B3-4 4