Jian Zhang v. Eric H. Holder, Jr., 737 F.3d 501

Jian He Zhang (with derivative beneficiary husband Rong Lin) applied for asylum after entering the U.S., alleging a forced abortion in Fujian, China on April 15, 1993 under China’s one‑child policy.
Zhang submitted corroborating evidence: a hospital outpatient record confirming the abortion and a required second IUD implantation, a photograph of the aborted fetus, and letters from family/friends attesting to the forced abortion.
The IJ found Zhang not credible based on seven alleged implausibilities; the BIA adopted three specific grounds: (1) implausibility of requesting a photograph of the aborted fetus, (2) household register issuance coinciding with the abortion date, and (3) an unfolded letter allegedly mailed.
The IJ and BIA concluded Zhang failed to prove past persecution (and thus asylum); the Second Circuit had previously remanded for the BIA to reconsider certain procedural details and for a new hearing. Venue was later changed to the Eighth Circuit jurisdiction for the remand hearing.
The Eighth Circuit reviewed only the three BIA‑adopted credibility findings and held they were unsupported by substantial evidence, noting the IJ mischaracterized Zhang’s testimony, ignored corroborating hospital records, and relied on speculative/minor inconsistencies.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the BIA properly adopted the IJ’s adverse credibility finding	Zhang: IJ/BIA reasons contradict the record; testimony and corroboration (hospital record, photo, letters) support credibility	BIA/IJ: Testimony contained implausibilities and inconsistencies undermining credibility	Court: Rejected BIA adoption; adverse credibility finding unsupported by substantial evidence and rested on speculation/minor inconsistency
Whether request for photographic evidence is implausible	Zhang: She asked for “evidence” of abortion; nurse gave photo — consistent with testimony	IJ: Found implausible she would request a photo after forced abortion	Court: IJ mischaracterized testimony; record supports Zhang’s account
Whether coincidence of household register date and abortion undermines claim	Zhang: Hospital outpatient record confirms abortion date; no reason to discredit register timing	IJ/BIA: Found issuance of household register same day as abortion implausible	Court: Finding unexplained and beyond judicial competence without record support; must not be used to discredit testimony
Whether unfolded sister’s letter justifies adverse credibility finding	Zhang: Letter does not address the abortion; other corroborating letters exist	IJ: Noted lack of fold lines as suspicious of mailing/authenticity	Court: Inconsistency is minor and immaterial; other letters corroborate abortion; letter does not undercut forced‑abortion claim

Fofanah v. Gonzales, 447 F.3d 1037 (8th Cir. 2006) (review limited to BIA order and IJ findings expressly adopted by BIA)
Bracic v. Holder, 603 F.3d 1027 (8th Cir. 2010) (standard of review: abuse of discretion and substantial evidence for BIA factual findings)
Zheng v. Gonzales, 415 F.3d 955 (8th Cir. 2005) (definition of "refugee" and statutory framework for asylum)
Yang v. Gonzales, 427 F.3d 1117 (8th Cir. 2005) (forced abortion/involuntary sterilization as per se ground for refugee status)
Singh v. Gonzales, 495 F.3d 553 (8th Cir. 2007) (necessity of credible testimony to establish past persecution)
Chen v. Mukasey, 510 F.3d 797 (8th Cir. 2007) (IJ credibility findings subject to restraint if based on bias or speculation)
Onsongo v. Gonzales, 457 F.3d 849 (8th Cir. 2006) (reasons for disbelief must be convincing and supported by the record)
Lin v. U.S. Dep’t of Justice, 453 F.3d 99 (2d Cir. 2006) (courts should not engage in speculation beyond judicial competence)
Jalloh v. Gonzales, 423 F.3d 894 (8th Cir. 2005) (minor inconsistencies do not support adverse credibility findings)
Ombongi v. Gonzales, 417 F.3d 823 (8th Cir. 2005) (recognition that petitioners often cannot obtain extensive documentation from persecutors; credible testimony may suffice)