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United States Second Circuit


Lin v. Mukasey, 07-5211

Review of Order of Board of Immigration Appeals affirming an Immigration Judge-s denial of petitioner-s application for asylum, withholding of removal, and relief under Convention Against Torture is denied where the REAL ID Act of 2005 abrogated Court-s holding in Secaida-Rosales v. INS , that an adverse credibility determination cannot be based on inconsistencies and omissions that are ancillary or collateral to an applicant-s claims of persecution and that pursuant to the REAL ID Act, the IJ-s adverse credibility was proper in light of the totality of the circumstances.

Appellate Information

  • Decided 07/21/2008
  • Published 07/21/2008

Judges

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

Court

  • United States Second Circuit

Counsel

  • For Appellant:
  • Sheema Chaudhry, Law Offices of Michael Brown, New York, NY, for Petitioner.

  • For Appellees:
  • Allen W. Hausman, Senior Litigation Counsel (Jeffrey S. Bucholz, Acting Assistant Attorney General, Richard M. Evans, Assistant Director, on the brief), Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent.
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