Ren v. Holder
2011 U.S. App. LEXIS 17219
| 9th Cir. | 2011Background
- Ren, a Chinese national, entered the U.S. on a B-1 visa in 2005 and applied for asylum, withholding of removal, and CAT protection after May 11, 2005, making REAL ID Act standards applicable.
- The IJ issued a merits decision denying relief, grounded in an adverse credibility finding and a corroboration-based rejection.
- The IJ relied on purported inconsistencies and implausibilities, while also requiring corroboration that Ren allegedly failed to provide.
- Ren appealed pro se, challenging the credibility and the corroboration requirement; the BIA affirmed without opinion.
- The Ninth Circuit reversed the credibility finding as impermissibly based on trivial or mischaracterized testimony, but upheld denial on corroboration for lack of evidence and explanation, and denied the petition on the merits.
- Ren’s petition for review was therefore denied on the alternative ground of insufficient corroboration despite credibility finding being reversed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the IJ’s adverse credibility ruling was proper under REAL ID Act | Ren contends inconsistencies were trivial and not probative | Government argues REAL ID Act allows credibility findings on relevant factors | Adverse credibility reversed; inconsistencies deemed trivial; Ren credible under totality of circumstances |
| Whether the IJ correctly applied REAL ID Act corroboration rules | Ren asserts lack of notice/opportunity to provide corroboration | Government argues no required notice before denying corroboration evidence | Notwithstanding credibility reversal, proper notice/opportunity existed; corroboration still insufficient to meet burden |
| Whether Ren exhausted administrative remedies for the corroboration issue | Ren challenged the sufficiency of corroboration before the BIA | Agency should review only exhausted issues | Exhaustion satisfied; Court retains jurisdiction to review corroboration issue |
| Whether the IJ provided proper notice and opportunity to provide corroboration | Ren argues no adequate notice to obtain corroborating documents | IJ adequately notified and granted time for corroboration under REAL ID Act | Adequate notice and opportunity found; Ren failed to provide corroboration or explain unavailability |
| Whether the corroborating evidence submitted sufficed to meet the burden of proof | Letters from church officers were insufficient; baptism and bail receipt not provided | Corroborating evidence inadequate; burden not met | Corroboration insufficient; petition denied on the corroboration ground |
Key Cases Cited
- Shrestha v. Holder, 590 F.3d 1034 (9th Cir. 2010) (real-id framework; totality of circumstances; deference to credibility findings with safeguards)
- Aden v. Holder, 589 F.3d 1040 (9th Cir. 2009) (corroboration may be required after credible testimony; burden-shifting under REAL ID Act)
- Agyeman v. INS, 296 F.3d 871 (9th Cir. 2002) (liberal construction of pro se appeals; exhaustion rules relaxed)
- Vizcarra-Ayala v. Mukasey, 514 F.3d 870 (9th Cir. 2008) (exhaustion of issues; credibility challenge sufficient on appeal)
- Kadia v. Gonzales, 501 F.3d 817 (7th Cir. 2007) (pleading memory; caution against overreliance on minor inconsistencies)
- Campos-Sanchez v. INS, 164 F.3d 448 (9th Cir. 1999) (due process; full and fair hearing; notice of inconsistencies required)
- Soto-Olarte v. Holder, 555 F.3d 1089 (9th Cir. 2009) (credibility determinations must be grounded in record; translation concerns)