Qing Lin v. Sessions
687 F. App'x 91
| 2d Cir. | 2017Background
- Petitioner Qing Lin, a Chinese national, sought asylum, withholding of removal, and CAT relief, claiming persecution for practicing Christianity and continued church attendance in China.
- The Immigration Judge (IJ) denied relief based on adverse credibility findings; the Board of Immigration Appeals (BIA) affirmed. Lin petitioned for review in the Second Circuit.
- Key conflicting evidence: Lin’s testimony about family relationships and corroboration differed from an affidavit by an alleged cousin and testimony from an alleged uncle called as a witness.
- Documentary inconsistency: Lin testified she first attended church on June 21, 2009, but submitted a church letter stating she accepted Christ on June 1, 2009.
- Lin offered shifting explanations when confronted with discrepancies; the agency found these unpersuasive and concluded she fabricated aspects of her claim, particularly ongoing church attendance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Credibility of asylum claim given inconsistent testimony and affidavits | Lin argued inconsistencies did not undermine her claim and offered explanations for discrepancies | Government argued inconsistencies among Lin, her alleged uncle, and cousin indicate fabrication and undermine credibility | Court held agency reasonably relied on inconsistencies; adverse credibility upheld |
| Treatment of minor documentary inconsistency (church letter date) | Lin argued the letter contained an error and her testimony was correct | Government argued the inconsistency supported adverse credibility when viewed with other contradictions | Court held agency not required to accept Lin’s explanation; inconsistency supported adverse credibility |
| Effect of adverse credibility on all relief (asylum, withholding, CAT) | Lin maintained relief claims rest on same factual predicate and should be credited | Government argued adverse credibility defeats all claims based on same facts | Court held adverse credibility dispositive of asylum, withholding, and CAT relief |
Key Cases Cited
- Yan Chen v. Gonzales, 417 F.3d 268 (2d Cir. 2005) (agency decision review standard for IJ supplemented by BIA)
- Xiu Xia Lin v. Mukasey, 534 F.3d 162 (2d Cir. 2008) (standards for credibility findings and deference to IJ)
- Siewe v. Gonzales, 480 F.3d 160 (2d Cir. 2007) (a single false document or testimony can taint an applicant’s uncorroborated evidence)
- Majidi v. Gonzales, 430 F.3d 77 (2d Cir. 2005) (petitioner must do more than offer a plausible explanation to compel crediting inconsistent statements)
- Paul v. Gonzales, 444 F.3d 148 (2d Cir. 2006) (adverse credibility can be dispositive for asylum, withholding, and CAT when claims share the same factual predicate)