Ling Huang v. Eric Holder, Jr.
2014 U.S. App. LEXIS 4645
| 9th Cir. | 2014Background
- Huang, a Chinese citizen, applied for asylum, withholding of removal, and CAT protection after entering the U.S. on a student visa; IJ denied relief and BIA affirmed.
- She testified she was arrested in China for participating in an underground Christian house church, physically abused in custody, forced to perform labor, bailed out, and signed a promise to cease church activity.
- In the U.S. Huang claimed continued private practice of Christianity, produced baptism photos and a Chinese bail receipt but no baptismal certificate or corroborating letters from churches.
- The IJ found Huang’s testimony not credible based on demeanor (frequent long pauses and unresponsiveness), superficial/memorized testimony, and lack of reasonably obtainable corroboration.
- Applying the REAL ID Act standard, the IJ and BIA gave no weight to Huang’s testimony; the record did not compel asylum, withholding, or CAT relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether IJ’s adverse credibility finding (demeanor-based) was supported | Huang: IJ’s demeanor findings were too general; no specific instances of nonverbal conduct identified | Government/BIA: Transcript shows long pauses and nonresponsive answers supporting demeanor finding | Held: IJ identified specific transcript instances; demeanor finding entitled to deference, supports adverse credibility determination |
| Whether testimony was sufficiently detailed and specific to satisfy REAL ID Act burden | Huang: Testimony and photos show genuine practice of Christianity and past persecution | BIA: Testimony was superficial, possibly memorized, and lacked corroboration | Held: Testimony was insufficiently detailed and persuasive; no compelled reversal |
| Whether absence of corroboration was excused | Huang: Photographs and bail receipt should suffice; lack of documents explainable | BIA: Documents were reasonably obtainable and absence undermines credibility | Held: Lack of corroboration weighed against Huang; IJ permissibly considered it |
| Eligibility for asylum/withholding/CAT given record | Huang: Fear of persecution/torture based on religion | Government: Record (when Huang’s testimony discounted) does not compel finding of persecution or torture risk | Held: Petition denied — record does not compel eligibility for asylum, withholding, or CAT |
Key Cases Cited
- Li v. Holder, 656 F.3d 898 (9th Cir. 2011) (jurisdiction to review removal orders)
- Kamalyan v. Holder, 620 F.3d 1054 (9th Cir. 2010) (substantial-evidence review of asylum denials)
- Al-Harbi v. INS, 242 F.3d 882 (9th Cir. 2001) (standard for withholding of removal)
- Zheng v. Holder, 644 F.3d 829 (9th Cir. 2011) (CAT standard—more likely than not to be tortured)
- Shrestha v. Holder, 590 F.3d 1034 (9th Cir. 2010) (REAL ID Act deference to credibility determinations; need for specific instances supporting demeanor findings)
- Jibril v. Gonzales, 423 F.3d 1129 (9th Cir. 2005) (deference to IJ demeanor assessments)
- Singh-Kaur v. INS, 183 F.3d 1147 (9th Cir. 1999) (special deference to demeanor-based credibility findings)
- Mendoza Manimbao v. Ashcroft, 329 F.3d 655 (9th Cir. 2003) (limitations of reviewing court reading transcript for demeanor)
- INS v. Elias–Zacarias, 502 U.S. 478 (1992) (standard for compelling reversal of agency factfinding)
- Farah v. Ashcroft, 348 F.3d 1153 (9th Cir. 2003) (withholding requires higher showing than asylum)
- Silaya v. Mukasey, 524 F.3d 1066 (9th Cir. 2008) (CAT requires government-instigated or acquiesced torture)