Wei Sun v. Sessions, No. 15-2342 (2d Cir. 2018)Annotate this Case
The Second Circuit denied a petition for review of the BIA's decision affirming the IJ's denial of petitioner's application for asylum. The BIA interpreted the corroboration provision of the REAL ID Act of 2005, Pub. L. No. 109-13, 119 Stat. 231, 303 (2005), as not requiring an IJ to give a petitioner specific notice of the evidence needed to meet his burden of proof, or to grant a continuance before ruling to give a petitioner an opportunity to gather corroborating evidence. The court held that the REAL ID Act was ambiguous on this point, and that the BIA's interpretation of the statute was reasonable and entitled to deference under Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984). In this case, although the IJ determined that petitioner was credible, petitioner failed to meet his burden of proof because of an absence of corroborating evidence.