Lianhua Jiang v. Eric Holder, Jr.

Partial Concurrence and Partial Dissent by Judge BEA.

OPINION

Lianhua Jiang (“Petitioner”), a native and citizen of China, petitions for review of the Board of Immigration Appeals (“BIA”) decision, which substantially adopted the order of the Immigration Judge (“IJ”) that denied asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). In denying Petitioner’s application, the IJ found Petitioner not credible. Petitioner now petitions for review and argues that the IJ’s adverse credibility determination is based on impermissible grounds and is not supported by substantial evidence.

We have jurisdiction under 8 U.S.C. § 1252 . In light of the highly deferential standard of review, we deny the petition.

I. FACTS AND PROCEEDINGS BELOW

Petitioner is a native and citizen of the People’s Republic of China and is of ethnic Korean descent. She also claims to be a Christian. Petitioner entered the United States in June 2005 and, on August 4, 2005, she submitted an application for asylum, withholding of removal, and protection under CAT.

*736 A

In her asylum declaration, Petitioner claims that she is seeking asylum because of religious persecution by the…

dissenting in part and concurring in part:

I respectfully dissent. The BIA accepted the IJ’s adverse credibility finding (“ACF”), which rested upon five purported inconsistencies and omissions in petitioner’s testimony. Because the majority affirms as to only one of those purported inconsistencies, I will not address the rest. *742 I conclude, however, that the IJ did not base her ACF upon “substantial evidence,” but rather upon her own misunderstanding of petitioner’s attorney’s non-chronological questions and of the plain words of petitioner’s answers. That is, the IJ offered no “legitimate articulable” basis or “specific cogent reason” for her decisions, Gui v. I.N.S., 280 F.3d 1217, 1225 (9th Cir.2002), and I would therefore reverse and remand with instructions to find petitioner credible.

“Jail” cell versus “interrogation” room.

The IJ cited a supposed inconsistency between petitioner’s asylum application declaration and her live testimony. In her asylum application declaration, petitioner said she had been kicked and slapped by Chinese police in an interrogation room. The BIA accepted the IJ’s finding that petitioner mentioned in live testimony only being forced to read…

I. FACTS AND PROCEEDINGS BELOW

Petitioner is a native and citizen of the People’s Republic of China and is of ethnic Korean descent. She also claims to be a Christian. Petitioner entered the United States in June 2005 and, on August 4, 2005, she submitted an application for asylum, withholding of removal, and protection under

CAT.

A

In her asylum declaration, Petitioner claims that she is seeking asylum because of religious persecution by the Chinese government. Specifically, Petitioner alleges that she began attending Christian services at an unofficial “house church” in October 2003 and was baptized on Christmas Day 2003. Petitioner’s declaration further states that, on January 16, 2005, while attending a church service at the house church, the police arrested her for attending an illegal meeting. Petitioner asserts that the police detained her for seventeen days.

The asylum declaration also describes the police treatment that Petitioner endured during her detention. First, she claims that the police took her to an interrogation room, slapped her face, accused her of illegal activity, and threatened to send her to a labor camp if she refused to

JIANG V. HOLDER …