(DOWNLOAD) "Lin v. United States Dept of Justice" by United States Court Of Appeals For The Sixth Circuit * eBook PDF Kindle ePub Free

eBook details

Title: Lin v. United States Dept of Justice
Author : United States Court Of Appeals For The Sixth Circuit
Release Date : January 28, 2006
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 74 KB

Description

Petitioner Lin Li Hua (No. A77-547-893), a native and citizen of the Peoples Republic of China, asks us to review an order of the BIA summarily affirming the IJs denial of her application for political asylum and for withholding of removal under Â§ 241(b)(3) of the Immigration and Nationality Act ("INA"), 8 U.S.C. Â§ 1231(b)(3), and Article 3 of the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment ("CAT"), Dec. 10, 1984, S. Treaty Doc. No. 100-20 (1988), 1465 U.N.T.S. 85. IJ Gabriel C. Videla denied Lins asylum application on the ground that Lin had not carried her burden of proving that she had applied for asylum within one year of entering the United States, as required by 8 U.S.C. Â§ 1158(a)(3). The IJ also held, in the alternative, that Lins claim that she had been forcibly sterilized by the Chinese government was not credible. As such, the IJ held, Lin had not made out a claim for asylum and, a fortiori, for withholding of removal under the INA. Moreover, the IJ concluded that Lin had not shown that it was more likely than not that she would be subject to torture if she returned to China, and was therefore ineligible for CAT relief.