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Zhong Guo Liu v. Gonzales
Citation: 164 F. App'x 146Docket: No. 04-3701-AG
Court: Court of Appeals for the Second Circuit; January 29, 2006; Federal Appellate Court
The United States Court of Appeals for the Second Circuit granted the petition for review submitted by Zhong Guo Liu, a Chinese citizen, challenging the Board of Immigration Appeals' (BIA) affirmation of an immigration judge's (IJ) decision that denied his applications for asylum, withholding of removal, and Convention Against Torture (CAT) relief. The Court directly reviewed the IJ's decision, noting the substantial evidence standard applied to factual findings, particularly regarding adverse credibility determinations. The Court emphasized that an adverse credibility finding must be based on specific reasons linked to the claim and that minor inconsistencies in testimony should not be fatal if the overall testimony remains consistent and believable. In Liu's case, the IJ's adverse credibility determination relied on conjectural and speculative reasons concerning minor details that did not pertain to the core of Liu's claims. The IJ also failed to consider corroborating evidence supportive of Liu's claims and mistakenly deemed the likelihood of future persecution as low based on his wife's sterilization, disregarding the continuous nature of such a condition. The Court found that these errors warranted vacating the BIA's order and remanding the case for further consideration, as a reasonable fact-finder could potentially reach a different conclusion. The Court vacated any previously granted stay of removal and denied any pending motion for a stay as moot, along with a request for oral argument.