12-860
Liu v. Holder
BIA
Brennan, IJ
A088 380 301
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 YANZHEN LIU,
14 Petitioner,
15
16 v. 12-860
17 NAC
18
19 ERIC H. HOLDER, JR., UNITED STATES
20 ATTORNEY GENERAL,
21 Respondent.
22 _____________________________________
23
24 FOR PETITIONER: Gary J. Yerman, New York, New York.
25
26 FOR RESPONDENT: Stuart F. Delery, Assistant Attorney
27 General; Jennifer Paisner Williams,
08152014-B3-1
1 Senior Litigation Counsel; Yedidya
2 Cohen, Trial Attorney, 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 Yanzhen Liu, a native and citizen of China, seeks
12 review of a February 8, 2012, decision of the BIA that:
13 (1) affirmed the August 2, 2010, decision of Immigration
14 Judge (“IJ”) Noel A. Brennan, denying her application for
15 asylum, withholding of removal, and relief under the
16 Convention Against Torture (“CAT”); and (2) denied her
17 motion to remand. In re Yanzhen Liu, No. A088 380 301
18 (B.I.A. Feb. 8, 2012), aff’g No. A088 380 301 (Immig. Ct.
19 N.Y. City Aug. 2, 2010). We assume the parties’ familiarity
20 with the underlying facts and procedural history of this
21 case.
22 Under the circumstances of this case, we have reviewed
23 the IJ’s decision as supplemented by the BIA. See Yan Chen
24 v. Gonzales, 417 F.3d 268, 271 (2d Cir. 2005). The
25 applicable standards of review are well established. See
08152014-B3-1 2
1 Yanqin Weng v. Holder, 562 F.3d 510, 513 (2d Cir. 2009); see
2 also Jian Hui Shao v. Mukasey, 546 F.3d 138, 168-69 (2d Cir.
3 2008); Li Yong Cao v. U.S. Dep’t of Justice, 421 F.3d 149,
4 156-57 (2d Cir. 2005).
5 Liu applied for asylum, withholding of removal, and CAT
6 relief based on her claim that she fears persecution because
7 she has had more than one child in violation of China’s
8 population control program. For largely the same reasons as
9 this Court set forth in Jian Hui Shao, 546 F.3d 138, we find
10 no error in the agency’s determination that Liu failed to
11 demonstrate her eligibility for relief. See id. at 158-67.
12 As to Liu’s motion to remand, we find no error in the
13 BIA’s determination that she failed to demonstrate her prima
14 facie eligibility for relief based on her conversion to
15 Christianity. See Li Yong Cao, 421 F.3d at 156. The
16 evidence Liu submitted did not demonstrate that Chinese
17 authorities are aware of, or likely to become aware of, her
18 religious practice. See Hongsheng Leng v. Mukasey, 528 F.3d
19 135, 143 (2d Cir. 2008); see also Jian Hui Shao, 546 F.3d at
20 168.
21 For the foregoing reasons, this petition for review is
22 DENIED. As we have completed our review, any stay of
08152014-B3-1 3
1 removal that the Court previously granted in this petition
2 is VACATED, and any pending motion for a stay of removal in
3 this petition is DISMISSED as moot. Any pending request for
4 oral argument in this petition is DENIED in accordance with
5 Federal Rule of Appellate Procedure 34(a)(2), and Second
6 Circuit Local Rule 34.1(b).
7 FOR THE COURT:
8 Catherine O’Hagan Wolfe, Clerk
9
10
09082014-B3-1 4