Ai Zhi v. Eric Holder, Jr.
2014 U.S. App. LEXIS 9105
| 9th Cir. | 2014Background
- Zhi is a Chinese citizen who has largely lived outside China since 1998, including Guam and Saipan.
- He opened a bookstore in China in 2004 with books about Falun Gong; his brother-in-law managed it and Falun Gong materials were involved.
- Police closed the bookstore in 2005–2006 after learning Zhi owned the materials; authorities allegedly warned his parents about his return.
- Zhi received a 2006 notice and faced a Falun Gong persecution risk; family correspondence suggests government scrutiny and risk to communicators.
- Zhi married a U.S. citizen in 2005 shortly after arriving in Guam on a B-1 visa; the marriage ended in December 2006; Santos did not file a visa petition for him.
- He presented letters from family and friends detailing events; there are inconsistencies about the bookstore closure date, which the IJ treated as a major credibility issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the agency’s adverse credibility finding was supported by substantial evidence | Zhi argues receipts and letters undermine the date discrepancy | IJ relied on a central date discrepancy to impeach credibility | Remanded; credibility must be reevaluated with full record |
| Whether the IJ erred in evaluating Zhi’s short marriage to Santos | Marriage explanation should be considered; not all motives established | Very short marriage implied political manipulation to stay in the U.S. | Remanded; require consideration of explanations and visa questions |
| Whether the IJ properly required corroboration under REAL ID Act and provided notice per Ren | Ren required notice and opportunity to obtain corroboration | Agency may require corroboration where applicable | Remanded for proper Ren notice and opportunity to obtain corroboration |
Key Cases Cited
- Ren v. Holder, 648 F.3d 1079 (9th Cir. 2011) (requires notice and opportunity to obtain corroborating evidence)
- I.N.S. v. Elias-Zacarias, 502 U.S. 478 (U.S. Supreme Court 1992) (credibility assessment must consider evidence as a whole)
- Shrestha v. Holder, 590 F.3d 1034 (9th Cir. 2010) (rejects reliance on trivial inconsistencies; require comprehensive analysis)
- Shah v. I.N.S., 220 F.3d 1062 (9th Cir. 2000) (conjecture cannot support adverse credibility findings)
- Ming Shi Xue v. Bd. of Immigration Appeals, 439 F.3d 111 (2d Cir. 2006) (IJ must develop a complete record if relying on certain discrepancies)
- Soto-Olarte v. Holder, 555 F.3d 1089 (9th Cir. 2009) (requires explaining discrepancies that determine credibility when relied upon)
- Chen v. I.N.S., 266 F.3d 1094 (9th Cir. 2001) (requires addressing all plausible explanations for inconsistences)
- I.N.S. v. Yi Quan Chen, 537 U.S. 1016 (U.S. Supreme Court 2002) (judgment vacated on other grounds; context on credibility considerations)