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Zhang v. Holder

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Heard: January 16, 2008

Before: KEARSE, LEVAL, and CABRANES, Circuit Judges.

Petitioner Ming Zhang (“petitioner”) and her minor son Ja Yun Zhang, natives and citizens of the People’s Republic of China, seek review of a December 27, 2006 order of the Board of Immigration Appeals (“BIA”) denying their applications for asylum, withholding of removal, and relief under the Convention Against Torture. In re Zhang, Nos. A 96 425 876, A 96 425 877 (B.I.A. Dec. 27,*fn2 2006); In re Zhang, Nos. A 96 425 876, A 96 425 877 (Immig. Ct. N.Y. City June 29, 2005). On appeal, Ming Zhang contends, inter alia, that it was error for the agency to determine-based, in part, on inconsistencies between her testimony at her removal hearing and the statements that she made at her airport interview and “credible fear” interview-that she had not testified credibly about the basis for her petition for relief. The circumstances under which an immigration judge (“IJ”) or the BIA may consider the record of a credible fear interview when evaluating an alien’s credibility is a matter of first impression in our Circuit.*fn3

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