Bingxu Jin v. Eric Holder, Jr.
2014 U.S. App. LEXIS 6860
| 9th Cir. | 2014Background
- Jin, a Chinese citizen, seeks asylum, withholding of removal, and CAT relief, with the BIA denying his appeal and the petition for review filed in this court.
- He arrived in the U.S. in 2005 as a nonimmigrant and applied for asylum; he conceded removability and moved venues during proceedings.
- Jin provided an affidavit detailing a 2004 police incident in China and his conversion to Christianity through a Las Vegas church.
- The IJ found Jin evasive, fraudulent about residence changes (Tucson/Las Vegas) and church membership, and lacking detail on the Chinese incident.
- The BIA agreed, affirming the adverse credibility finding and denying relief; Jin did not challenge the CAT denial on appeal.
- The court reviews the agency’s adverse credibility determination under the REAL ID Act for substantial evidence in the totality of the circumstances.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Credibility standard application under REAL ID Act | Jin argues court should weigh factors fairly | Agency properly applied totality of circumstances | Credibility determined under totality of circumstances (substantial evidence) |
| Evasiveness and demeanor as credibility factors | Non-responsive demeanor cannot alone bar relief | Evasive testimony supports adverse credibility | Evasiveness supported adverse credibility finding |
| Residence misrepresentations and venue shopping | Motions to move venue were legitimate procedural steps | Misrepresentations show forum shopping and impact credibility | Substantial evidence supports fraud in residence statements |
| Fraudulent church certification | Certification accurately reflected Jin’s church attendance | Certification fraudulent and indicates dishonesty | Fraudulent certification contribute to credibility lack |
| Lack of detail on religious beliefs and police incident | Some detail suffices to establish credibility | Lack of detail undermines credibility under totality | Lack of detail weighed against Jin, supporting denial of relief |
Key Cases Cited
- Shrestha v. Holder, 590 F.3d 1034 (9th Cir. 2010) (REAL ID Act factors and totality of circumstances guidance; not-evidence of trivial inconsistencies allowed)
- Kaur v. Gonzales, 418 F.3d 1061 (9th Cir. 2005) (adverse credibility standard under REAL ID Act includes substantial evidence review)
- Jibril v. Gonzales, 423 F.3d 1129 (9th Cir. 2005) (creditability and totality considerations under REAL ID Act)
- Husyev v. Mukasey, 528 F.3d 1172 (9th Cir. 2008) (CAT/credibility and administrative review context)