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Leng v. Mukasey

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Argued: May 21, 2008

Before: CABRANES, KATZMANN AND B.D. PARKER, Circuit Judges.

Petitioner Hongsheng Leng seeks review of a decision of an Immigration Judge (“IJ”) denying his applications for asylum, withholding of removal, and relief under the Convention Against Torture. See In re Hongsheng Leng, No. A 74-154-465 (Immig. Ct. N.Y. City Jan. 6, 2005).The Board of Immigration Appeals (“BIA”) adopted and affirmed the IJ’s decision. In re Hongsheng Leng, No. A 74-154-465 (BIA May 4, 2006). On appeal, Leng contends, inter alia, that the record does not support the agency’s conclusions that his application for asylum was untimely, he was not a credible witness, and he failed to establish a well-founded fear of persecution.*fn2 We write to clarify that, in order to establish eligibility for relief based exclusively on activities undertaken after his arrival in the United States, analien must make some showing that authorities in his country of nationalityare (1) aware of his activities or (2) likely to become aware of his activities.

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