Tingting Ye v. Jefferson Sessions, III
695 F. App'x 785
| 5th Cir. | 2017Background
- Ye, a Chinese national and Christian, testified she attended underground Christian meetings in Fujian, was present at a police raid where Bibles were seized and attendees beaten/arrested, and that her photo was posted publicly summoning church members to turn themselves in.
- After authorities allegedly searched for her and confiscated a passport application, Ye used a smuggled false-name passport to flee to the U.S., joined a church, and was baptized; she applied for asylum, withholding of removal, and CAT protection, disclosing the false passport.
- At removal proceedings the IJ admitted letters from two village Christians corroborating the raid and a letter from Ye’s U.S. pastor but excluded five photo-bearing ID documents for lack of translator certification; Ye’s cousin also testified to corroborating facts and joint church attendance.
- The IJ found Ye’s testimony not credible, rejected her identity corroboration under Matter of O-D- and denied relief; the BIA summarily adopted the IJ’s adverse credibility finding and denial of relief.
- Ye petitioned for review, arguing the IJ and BIA ignored corroborating evidence, relied on speculation about her religious sincerity and timing of baptism, and improperly excluded or failed to consider identity documents.
Issues
| Issue | Plaintiff's Argument (Ye) | Defendant's Argument (IJ/BIA) | Held |
|---|---|---|---|
| Adverse credibility determination | Ye: IJ ignored corroborating letters and witness testimony; credibility findings were speculative. | IJ/BIA: Ye’s testimony contained problems and inconsistencies making it not credible. | Court: IJ/BIA’s credibility ruling rested on speculation and failed to give full and fair consideration to corroboration; vacated and remanded. |
| Consideration of corroborating evidence | Ye: Letters from village Christians and pastor corroborate raid and religious practice; IDs corroborate identity. | IJ/BIA: Some documents excluded; lack of sufficient corroboration for some facts (e.g., posting). | Court: IJ failed to meaningfully consider corroborating letters and evidence; remand required. |
| Assessment of religious sincerity (baptism details/timing) | Ye: Attended church and was baptized; testimony adequate and corroborated by pastor/cousin. | IJ/BIA: Lack of detail about baptism and quick decision to baptize undermined sincerity. | Court: IJ’s inquiries into plausibility of religious beliefs were improper speculation outside competency and unsupported by record. |
| Exclusion/authentication of identity documents | Ye: Documents (diplomas, ID cards) authenticated at hearing and could verify name/photo; translation could be provided. | IJ: Excluded documents because English versions lacked translator certification. | Court: IJ could have translated or considered photo/name; exclusion contributed to inadequate consideration of identity corroboration; remand. |
Key Cases Cited
- Zhang v. Gonzales, 432 F.3d 339 (5th Cir.) (adverse-credibility findings must be supported by specific and cogent reasons)
- Wang v. Holder, 569 F.3d 531 (5th Cir.) (appellate review of BIA adopting IJ credibility analysis)
- Chun v. INS, 40 F.3d 76 (5th Cir.) (court defers to agency credibility findings on factual issues)
- Abdel-Masieh v. United States INS, 73 F.3d 579 (5th Cir.) (agency must give full and fair consideration to all circumstances and corroborating evidence)
- Kabamba v. Gonzales, [citation="162 F. App'x 337"] (5th Cir.) (reject adverse credibility determinations based on speculation)
- Adjonke v. Mukasey, [citation="255 F. App'x 914"] (5th Cir.) (vacating where BIA failed to consider corroborating letters)
- Liu Xiu Fang v. Holder, [citation="465 F. App'x 338"] (5th Cir.) (vacating BIA decision for failure to discuss relevant evidence)
- Cai Gui Chen v. Filip, [citation="308 F. App'x 785"] (5th Cir.) (agency suspicion of economic motivation insufficient without record evidence)
- Employment Div., Dep’t of Human Res. of Or. v. Smith, 494 U.S. 872 (U.S.) (courts must not assess plausibility or rank the significance of religious beliefs)