Wei Jiang v. Sessions
698 F. App'x 649
| 2d Cir. | 2017Background
- Wei Jiang, a Chinese national, applied for asylum, withholding of removal, and CAT protection; IJ denied relief and BIA affirmed (decision dated Mar. 30, 2016).
- At a Border Patrol interview Jiang reportedly said he came to the U.S. to be with family and did not fear harm; Jiang later claimed at hearing that he had expressed fear in that interview.
- Jiang and his sister gave conflicting testimony about whether Jiang attended church the Sunday before the hearing (Jiang said he skipped; his sister said they attended together).
- The IJ and BIA found material inconsistencies among Jiang’s testimony, his sister’s testimony, and documentary evidence, and found Jiang not credible.
- The adverse credibility finding was dispositive because all claims relied on the same factual predicate; the Second Circuit denied review and vacated any stay of removal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the agency erred by relying on the Border Patrol interview record | Jiang: interview record is unreliable and did not reflect his fear statement | Gov’t: record was verbatim, interpreter used, Jiang signed and acknowledged understanding | Court: record reliable; agency permissibly relied on it |
| Whether inconsistencies re: church attendance undermine credibility | Jiang: testimony and sister’s testimony otherwise consistent and believable | Gov’t: the direct contradiction undermines credibility and practice of Christianity | Court: inconsistency infected credibility and undercut religious-practice claim |
| Whether the totality of inconsistencies supports adverse credibility | Jiang: discrepancies not dispositive | Gov’t: demeanor, documents, testimony inconsistencies together justify adverse finding | Court: substantial evidence supports adverse credibility under totality of circumstances |
| Whether other agency grounds were preserved for review | Jiang: limited challenge focused on interview record | Gov’t: other grounds (demeanor, documents) were unchallenged before BIA or waived | Court: unexhausted/waived challenges not considered; other grounds stand |
Key Cases Cited
- Yun-Zui Guan v. Gonzales, 432 F.3d 391 (2d Cir.) (factors for assessing reliability of border interview records)
- Xiu Xia Lin v. Mukasey, 534 F.3d 162 (2d Cir.) (standard of review for credibility determinations; totality of circumstances)
- Ramsameachire v. Ashcroft, 357 F.3d 169 (2d Cir.) (guidance on evaluating border interview summaries and verbatim records)
- Siewe v. Gonzales, 480 F.3d 160 (2d Cir.) (single falsehood can infect uncorroborated evidence)
- Majidi v. Gonzales, 430 F.3d 77 (2d Cir.) (court defers to IJ credibility findings unless implausible)
- Paul v. Gonzales, 444 F.3d 148 (2d Cir.) (adverse credibility dispositive for asylum, withholding, and CAT when claims share predicate)
- Foster v. U.S. INS, 376 F.3d 75 (2d Cir.) (exhaustion requirement for administrative challenges)
- Shunfu Li v. Mukasey, 529 F.3d 141 (2d Cir.) (waiver of claims not raised before the BIA)