Zhen Min Zou v. Sessions
689 F. App'x 20
| 2d Cir. | 2017Background
- Petitioner Zhen Min Zou, a Chinese national, sought asylum, withholding of removal, and CAT relief based on claims related to his Christian practice.
- An Immigration Judge denied relief after finding Zou not credible; the BIA affirmed that decision on November 6, 2015.
- The IJ relied on multiple inconsistencies between Zou’s testimony, documentary evidence from his U.S. church, and testimony from a U.S. church witness (Chen).
- Key inconsistencies: frequency of church attendance (weekly vs. 21–25 times), how Zou found the church (found himself vs. introduced by a friend), and multiple conflicts between Zou’s and Chen’s testimony about services attended and timing.
- The IJ also found Zou’s corroborating letters unhelpful because authors were unavailable for cross-examination and his Chinese documents were unauthenticated.
- The agency concluded the credibility finding was dispositive of all claims because asylum, withholding, and CAT relief rested on the same factual predicate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether IJ’s adverse credibility finding was supported by evidence | Zou argued his testimony aligned with his application and documents from China; explanations for inconsistencies were due to nervousness or witness age | Government argued inconsistencies and lack of corroboration justified adverse credibility under REAL ID Act totality standard | Court held substantial evidence supported adverse credibility finding; explanations not compelled acceptance |
| Whether discrepancies about U.S. church attendance undermine credibility | Zou said weekly attendance; church letter showed 21–25 visits; Zou blamed misunderstanding/nervousness | Government highlighted the direct inconsistency and questioned the plausibility of explanations | Court upheld reliance on this inconsistency to support adverse credibility |
| Whether testimonial conflicts with corroborating witness (Chen) should affect credibility | Zou argued Chen’s age could explain her inconsistent testimony | Government relied on multiple specific contradictions between Zou and Chen and that Zou offered Chen as a witness | Court found Zou responsible for choosing witness and rejected age excuse absent supporting evidence; upheld reliance on Chen’s conflicting testimony |
| Whether corroborating documents rehabilitated credibility | Zou relied on unsworn letters and unauthenticated Chinese documents | Government argued letters were from interested witnesses not subject to cross-examination and documents unauthenticated | Court agreed IJ properly discounted those materials; credibility ruling dispositive of all relief |
Key Cases Cited
- Xiu Xia Lin v. Mukasey, 534 F.3d 162 (2d Cir. 2008) (REAL ID Act totality-of-circumstances credibility standard and deference to IJ credibility findings)
- Majidi v. Gonzales, 430 F.3d 77 (2d Cir. 2005) (petitioner's explanations must compel reasonable factfinder to credit testimony to overturn credibility finding)
- Tu Lin v. Gonzales, 446 F.3d 395 (2d Cir. 2006) (cumulative effect of collateral discrepancies can be consequential)
- Biao Yang v. Gonzales, 496 F.3d 268 (2d Cir. 2007) (failure to corroborate may affect credibility)
- Qin Wen Zheng v. Gonzales, 500 F.3d 143 (2d Cir. 2007) (unauthenticated evidence and corroboration requirements)
- Paul v. Gonzales, 444 F.3d 148 (2d Cir. 2006) (credibility finding can be dispositive across asylum, withholding, and CAT claims)