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LIN v. U.S. DEPT. OF JUSTICE

Docket No. 03-41067-AG(NAC).

432 F.3d 156 (2005)

Mu Xiang LIN, Petitioner, v. UNITED STATES DEPARTMENT OF JUSTICE, Attorney General Alberto R. Gonzales, Respondent.

United States Court of Appeals, Second Circuit.

Decided: November 22, 2005.

Amended: December 6, 2005.

Attorney(s) appearing for the Case

Bruno Joseph Bembi, Hempstead, NY, for Petitioner.

Christopher Alberto, Assistant United States Attorney (Michael J. Sullivan, United States Attorney for the District of Massachusetts, on the brief), United States Attorney's Office for the District of Massachusetts, Boston, MA, for Respondent.

Before: CABRANES, WESLEY, and HALL, Circuit Judges.

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...

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