Legal Opinion

Mu Xiang Lin v. United States Department of Justice

Court of Appeals for the Second Circuit

Decided November 22, 2005No. Docket No. 03-41067-AG(NAC)PublishedCited by 392 opinions

1Opinion of the Court

JOSÉ A. CABRANES, Circuit Judge.

We consider here whether the BIA’s determination that petitioner failed to establish that she would “more likely than not” be tortured upon her return to China is supported by substantial evidence. Given the serious nature of the petitioner’s fears — that she will be tortured upon her return to China — we give careful consideration to the BIA’s conclusions, reviewing them in light of the law governing claims under the United Nations Convention Against Torture (“CAT”).1

Upon our review of the record, we hold that letters from petitioner’s family members…

2Cases cited7 opinions

  1. Zhang v. United States Immigration & Naturalization ServiceCourt of Appeals for the Second Circuit · 2004
  2. Yan Chen v. Alberto Gonzales, Attorney General, 1Court of Appeals for the Second Circuit · 2005
  3. Nadarjh Ramsameachire v. John Ashcroft, United States Attorney GeneralCourt of Appeals for the Second Circuit · 2004
  4. Marta Brigida Melgar De Torres v. Janet Reno, Attorney General, and the Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 1999
  5. Mu-Xing Wang v. AshcroftCourt of Appeals for the Second Circuit · 2003

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3Cited by392 opinions

  1. Lin Zhong v. United States Department of Justice, Attorney General GonzalesCourt of Appeals for the Second Circuit · 2007
  2. Xue Zhen Chen v. Alberto R. Gonzales, U.S. Attorney GeneralCourt of Appeals for the Fifth Circuit · 2006
  3. Pierre v. GonzalesCourt of Appeals for the Second Circuit · 2007
  4. Julian Belortaja v. Alberto R. Gonzales, 1 Attorney GeneralCourt of Appeals for the Second Circuit · 2007
  5. Rasaq Opyemi Sanusi v. Alberto Gonzales, United States Attorney GeneralCourt of Appeals for the Second Circuit · 2006

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