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Guang Chen-Jiang v. Holder
Citation: 349 F. App'x 567Docket: No. 08-4237-ag
Court: Court of Appeals for the Second Circuit; October 16, 2009; Federal Appellate Court
Guang Chen-Jiang, a citizen of China, is appealing a July 31, 2008 BIA order that upheld a September 16, 2005 Immigration Judge (IJ) decision denying his asylum application, withholding of removal, and relief under the Convention Against Torture. The review of the BIA's opinion adheres to the IJ's findings. The court evaluates factual findings, including credibility determinations, using a substantial evidence standard. The IJ's adverse credibility finding was deemed erroneous, as it was not based on inconsistencies in Chen-Jiang's testimony or his demeanor, but rather on perceived implausibilities in his account. Two main points of perceived implausibility were identified: (1) Chen-Jiang’s limited knowledge of Falun Gong despite risking persecution for it, and (2) the authorities releasing him after a second arrest based on his promise to inform on a friend involved with Falun Gong. The court expressed doubts regarding the link between these asserted implausibilities and the evidentiary record. The speculation surrounding the Chinese authorities’ treatment of individuals cooperating with the state was considered inappropriate, as past cases have established that such speculation cannot underpin credibility findings without supporting evidence. Furthermore, the requirement for detailed doctrinal knowledge of a religion for asylum claims based on religious persecution was challenged; individuals can still identify with a religion and face persecution regardless of their knowledge of its tenets. The court concluded that the IJ's reasoning was flawed and could not confidently assert that substantial evidence supports the IJ’s credibility findings. Given these uncertainties, remanding the case for further proceedings was deemed necessary rather than futile. The petition for review was granted, and the case was remanded to the BIA for further consideration.