Xue Jie Zhang v. Lynch, 659 F. App'x 62

Petitioner Xue Jie Zhang, a Chinese national, sought asylum, withholding of removal, and CAT relief based on his alleged conversion to Christianity and fear of persecution.
The IJ denied relief, finding Zhang not credible; the BIA affirmed in part (denying asylum as untimely was not contested here) and upheld the adverse credibility finding.
Key factual disputes: Zhang claimed he began attending Church of Grace in Feb 2009 but church records showed attendance beginning Oct 31, 2010; Zhang explained he did not sign the attendance book earlier because he did not know to do so.
Additional credibility issues: Zhang claimed to commute from Roanoke to New York for services yet offered no corroborating travel evidence; he produced no parishioner witnesses despite listing many fellow congregants; his uncle’s testimony was limited and possibly solicited.
The government introduced two prior visa applications connected to Zhang (including a denied student visa for suspected fraud and an alien relative petition he initially disavowed), undermining his account that conversion prompted his desire to leave China.
The IJ concluded, on the totality of circumstances, that Zhang was not a practicing Christian and was not credible; because withholding/CAT claims rested on the same factual predicate, they failed. The Second Circuit denied the petition for review.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Adverse credibility determination	Zhang argued his explanations (late signing, commuting, unfamiliar witnesses) were plausible and should be credited	Government argued inconsistencies, implausibilities, lack of corroboration, and prior visa records warranted disbelief	Court upheld adverse credibility finding under substantial evidence rule
Corroboration of religious practice	Zhang asserted church letter and uncle’s testimony supported his practice of Christianity	Government pointed to church records, lack of parishioner witnesses, and absence of travel corroboration	Court found corroboration insufficient to rehabilitate testimony
Relevance of prior visa applications	Zhang denied knowledge/connection to earlier visa applications and said persecution led him to leave China	Government relied on visa records suggesting pre-conversion attempts to emigrate and possible fraud hits	Court found prior applications and inconsistencies further undermined credibility
Effect of credibility on withholding/CAT claims	Zhang maintained factual predicate (conversion/persecution) supports withholding/CAT relief	Government maintained claims failed if Zhang not credible	Court held adverse credibility dispositive; withheld relief and CAT denied

Norton v. Sam's Club, 145 F.3d 114 (2d Cir. 1998) (timeliness of asylum applications and limited review)
Xue Hong Yang v. U.S. Dep't of Justice, 426 F.3d 520 (2d Cir. 2005) (scope of review when BIA affirms in part)
Paul v. Gonzales, 444 F.3d 148 (2d Cir. 2006) (adverse credibility can be dispositive for withholding and CAT claims)
Xiu Xia Lin v. Mukasey, 534 F.3d 162 (2d Cir. 2008) (REAL ID Act standards for credibility review)
Majidi v. Gonzales, 430 F.3d 77 (2d Cir. 2005) (agency not compelled to credit merely plausible explanations)
Ming Xia Chen v. BIA, 435 F.3d 141 (2d Cir. 2006) (limits on overturning IJ credibility findings absent clear error)
Biao Yang v. Gonzales, 496 F.3d 268 (2d Cir. 2007) (absence of corroboration hampers rehabilitation of testimony)
Siewe v. Gonzales, 480 F.3d 160 (2d Cir. 2007) (totality of circumstances in credibility determinations)