Xin Yang v. Eric H. Holder, Jr.
747 F.3d 993
| 8th Cir. | 2014Background
- Xin Yang, Chinese citizen, entered U.S. in 1999 and faced removal proceedings in 2009.
- Yang sought asylum, withholding of removal, and CAT relief based on alleged Christian conversion and membership in the St. Louis Chinese Baptist Church (August 2009).
- IJ denied asylum as time-barred; denied withholding and CAT due to lack of proven church membership and fear based on religion.
- BIA affirmed the IJ and rejected Yang’s claim that the interpreter was incompetent.
- Record showed church membership evidence was weak and conversion timing suspicious; Yang’s petitions for review were denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Yang’s due process was violated by interpreter incompetence | Yang asserts translator incompetence deprived fair hearing | BIA found interpreter competent and hearing adequate | No due process violation; no prejudice shown |
| Whether Yang proved church membership and fear of persecution to qualify for relief | Yang claims church membership and conversion established fear | Record lacked proof of membership and persecutory risk | Relief denied; record supports IJ and BIA findings |
Key Cases Cited
- Tun v. Gonzales, 485 F.3d 1014 (8th Cir. 2007) (due process translation rights in immigration hearings; competent translation required)
- Zheng v. Holder, 698 F.3d 710 (8th Cir. 2012) (prejudice required to prove procedural error in removal proceedings)
- Meas v. Ashcroft, 363 F.3d 729 (8th Cir. 2004) (testimony understandable; isolated translation errors not dispositive)