Yu An Li v. Eric H. Holder, Jr., 745 F.3d 336

Li, a Chinese national, overstayed a 2009 visitor visa and applied for asylum/withholding of removal and CAT protection based on persecution for his Christian faith and participation in an underground (home) church.
He alleged arrests in October 2008 for distributing Bibles, beatings and harsh interrogation, weekly police reporting through Feb 2009, and subsequent flight to the U.S. in Feb 2009.
Asylum Officer interviewed Li in Feb 2010 (with interpreter); Li gave statements about church attendance, hosting meetings, and receiving Bibles from Hong Kong.
At an IJ hearing in Aug 2011, the IJ found numerous material inconsistencies between Li’s asylum interview, written statements, and hearing testimony and judged Li evasive; IJ denied asylum, withholding, CAT relief, and voluntary departure.
The BIA affirmed the adverse credibility finding and denial of relief; Li petitioned for review arguing the BIA’s credibility ruling was unsupported by substantial evidence and that the BIA failed to address certain arguments (including translation/due process issues).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Adverse credibility finding	Li: inconsistencies were minor, explained, and BIA failed to assess totality of circumstances	DHS: IJ/BIA properly relied on multiple material inconsistencies and evasive testimony	Court upheld adverse credibility; findings supported by substantial evidence
Reliance on doctrinal knowledge	Li: IJ improperly penalized him for lack of Christian theological knowledge; BIA ignored this due process claim	DHS: BIA did not adopt that ground as material; credibility rested on other discrepancies	Court reviewed only BIA-adopted bases and found those sufficient; doctrinal-knowledge point not determinative
Withholding of removal and CAT claim	Li: if credible, entitled to withholding/CAT relief	DHS: higher burdens apply; CAT not raised on appeal	Court held withholding/CAT fail because claims rest on discredited testimony; CAT waived on appeal
Voluntary departure due process/burden	Li: IJ shifted burden and erred in discretionary denial	DHS: discretionary denial proper given adverse credibility	Court found no error in denial of voluntary departure

Falaja v. Gonzales, 418 F.3d 889 (8th Cir. 2005) (alien bears burden to prove past persecution or well‑founded fear for asylum)
Ali v. Holder, 686 F.3d 534 (8th Cir. 2012) (deference to IJ credibility findings; factors for credibility)
Gaitan v. Holder, 671 F.3d 678 (8th Cir. 2012) (standard of review for BIA rulings and agency deference)
Puc‑Ruiz v. Holder, 629 F.3d 771 (8th Cir. 2010) (substantial evidence review of BIA factual findings)
Jian He Zhang v. Holder, 737 F.3d 501 (8th Cir. 2013) (IJ must provide specific, convincing reasons for disbelief)
Ghasemimehr v. INS, 7 F.3d 1389 (8th Cir. 1993) (definition of well‑founded fear standard)