Feng Yue Lin v. Lynch
656 F. App'x 563
| 2d Cir. | 2016Background
- Petitioner Feng Yue Lin, a PRC native, seeks asylum, withholding of removal, and CAT relief.
- BIA affirmed IJ's denial of relief after Lin's 2012 hearing; BIA decision issued Jan 23, 2015.
- IJ found Lin not credible based on perceived inconsistencies and concerns about documents.
- IJ scrutinized a medical abortion certificate and a DOS profile criticizing documents obtained upon request.
- Record shows various inconsistencies and mischaracterizations by the IJ regarding Lin’s testimony and uncle’s statements.
- Panel remands for a new hearing before a different IJ to avoid appearance of bias and to develop a more reliable credibility basis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether credibility requires remand for reweighing | Lin | Lynch/DOJ | Remand ordered for new credibility assessment. |
| Whether IJ improperly doubted abortion certificate | Lin’s certificate not issued at her request | Certificate casts doubt on voluntariness | Remand to re-evaluate certificate’s impact. |
| Whether mother’s letter and contradictory testimony were properly weighed | Mother’s letter did not show overnight stay | Inconsistencies undermine credibility | Remand to reassess credibility evidence. |
| Whether new hearing before a different IJ is necessary | Bias risk if same IJ; require reassignment | Not explicit bias | Directed remand before a different IJ. |
Key Cases Cited
- Xue Hong Yang v. U.S. Dep’t of Justice, 426 F.3d 520 (2d Cir. 2005) (credibility based on totality of circumstances; demeanor and inconsistency considerations)
- Xiu Xia Lin v. Mukasey, 534 F.3d 162 (2d Cir. 2008) (establishes factors for credibility determinations under 8 U.S.C. § 1158(b)(1)(B)(iii))
- Guo-Le Huang v. Gonzales, 453 F.3d 142 (2d Cir. 2006) (reassignment to avoid appearance of impartiality)