Summary
The Second Circuit granted Ye's petition for review of the BIA's denial of asylum, withholding of removal, and CAT relief, vacating the decision and remanding for further proceedings. The court held that substantial evidence did not support the adverse credibility determination because the IJ's demeanor finding was contradicted by the record (Ye responsively answered why she was Christian), the purported inconsistency regarding detention dates was a miscalculation, and the IJ improperly speculated about Chinese recordkeeping practices without supporting evidence. The case addresses standards for credibility determinations under 8 U.S.C. § 1158(b)(1)(B)(iii), including the requirement that demeanor findings be supported by the record and that foreign recordkeeping practices not be assumed without evidence.
Topics
Practice areas
Questions Presented
- Whether the agency’s adverse credibility determination was supported by substantial evidence.
Holdings
- The adverse credibility determination was not supported by substantial evidence because the IJ’s demeanor finding was contradicted by the record, the inconsistency about detention dates was a miscalculation, and the agency speculated about foreign recordkeeping practices.
Key quotations
“The IJ found that Ye was not responsive when asked why she was a Christian. But the transcript reveals that Ye responsively answered the question by stating, 'Because I believe in God.'” (3)
“[A]bsent record evidence of practices in foreign countries, the IJ must not speculate as to the existence or nature of such practices.” (4)
Factual background
Ye, a native and citizen of China, applied for asylum, withholding of removal, and CAT relief based on her Christian faith and related detention. The IJ found her not credible, citing demeanor, an inconsistency in the length of detention, and discrepancies with documentary evidence. The court found these findings were not supported by substantial evidence.
Procedural history
The BIA affirmed the IJ's October 5, 2015 decision denying Ye’s application. Ye petitioned for review to the Second Circuit.
Remand instructions
Remanded for further proceedings consistent with the order.