United States Second Circuit
Lin v. Mukasey, 07-5211
Petition for review of a denial of asylum and related relief is denied where: 1) the REAL ID Act of 2005 abrogated the circuit court's holding in a prior case 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 2) pursuant to the REAL ID Act, an 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.