Lin v. Holder, 10-1401
Petition for review of IJ's denial of a Chinese citizen's application for asylum and withholding of removal Lin v. Holder, 10-1401, concerned a Chinese citizen's petition for review of a BIA's affirmance of an IJ's denial of his application for asylum and withholding of removal based on his wife's alleged abortion.
In denying the petition, the court held that, even if the abortion and
sterilization certificates should have been given more weight, they
contain nothing to suggest that these procedures were forced upon
petitioner's wife. The court also held that petitioner has given no
reason to disturb the IJ's adverse credibility finding as, petitioner
failed to meet his burden of explaining to the IJ's satisfaction the
inconsistencies in his testimony and documents. The court held that
petitioner was afforded an opportunity for a full and fair hearing, and
that although the petitioner failed to exhaust his claim of ineffective
assistance of counsel, this claim is without merit. Lastly, the court
held that the failure to exhaust aside, petitioner's claim that the IJ
should have determined whether he was competent to testify is rejected
as, when an alien raises the issue of his competency with the IJ, the IJ
generally is not expected to sua sponte initiate a competency
evaluation.
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