Narrative Opinion Summary
Xue Bing Zheng petitions for review of a Board of Immigration Appeals (BIA) order that affirmed an immigration judge's (IJ) denial of his asylum application, claiming persecution by the Chinese Communist government due to his religion. The IJ's decision was influenced by her perceived lack of Zheng's knowledge of Christian fundamentals, which was not supported by the record. Zheng's testimony included detailed discussions of Christian concepts such as the creation story, the four Gospels, the crucifixion, resurrection, and Jesus’ miracles. The IJ's reliance on Zheng's alleged lack of religious knowledge, rather than on substantial evidence, constituted an error. The inconsistencies in Zheng's testimony cited by the IJ were deemed minor and not substantiated. The petition for review is granted, and the case is remanded for reassignment to a different IJ. The decision is not suitable for publication and cannot be cited as precedent in the Ninth Circuit.
Legal Issues Addressed
Asylum Application Review Standardssubscribe to see similar legal issues
Application: The Board of Immigration Appeals must base its decision on substantial evidence rather than perceived deficiencies in religious knowledge unsubstantiated by the record.
Reasoning: The IJ's reliance on Zheng's alleged lack of religious knowledge, rather than on substantial evidence, constituted an error.
Evaluation of Testimony in Asylum Claimssubscribe to see similar legal issues
Application: Inconsistencies in testimony must be significant and substantiated to impact the credibility of an asylum claim.
Reasoning: The inconsistencies in Zheng's testimony cited by the IJ were deemed minor and not substantiated.
Non-precedential Decisionssubscribe to see similar legal issues
Application: The decision in this case is not suitable for publication and cannot be cited as precedent in the Ninth Circuit.
Reasoning: The decision is not suitable for publication and cannot be cited as precedent in the Ninth Circuit.
Reassignment of Cases on Remandsubscribe to see similar legal issues
Application: Upon remand, the case is to be reassigned to a different immigration judge.
Reasoning: The petition for review is granted, and the case is remanded for reassignment to a different IJ.