United States Second Circuit

Petition for review of denial of petitioner's claim for asylum as untimely and denial of his claim for withholding of removal on the merits is dismissed for lack of jurisdiction as to petitioner's asylum claim, and denied on claim for withholding of removal as: 1) the IJ's adverse credibility determination was based on substantial evidence; and 2) even if the IJ had found petitioner credible, petitioner is ineligible for withholding of removal to the extent that his claim of persecution is based on the alleged forced sterilization of his wife and his cousin.

Appellate Information

• Decided 12/12/2007
• Published 12/12/2007

Judges

• PER CURIAM., Before:  MINER and CABRANES, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Gary J. Yerman, New York, NY, for Petitioner.


• For Appellees:
  
• John J. Gaupp, Assistant United States Attorney (David R. Dugas, United States Attorney, Catherine M. Maraist, Assistant United States Attorney, on the brief) United States Attorney's Office for the Middle District of Louisiana, Baton Rouge, LA, for Respondent.