Yongguo Lai v. Eric Holder, Jr.

Yongguo Lai, a native and citizen of China, petitions for review of a decision by the Board of Immigration Appeals (BIA). The BIA dismissed Lai’s appeal from an immigration judge’s (IJ) decision denying his application for asylum, withholding of removal and protection under the Convention Against Torture (CAT). The BIA relied on the IJ’s finding that Lai’s claim of persecution and torture on account of his Christian religion was not credible. The IJ based her adverse credibility ruling, in relevant part, on Lai’s testimony during cross-examination that contained information the IJ found to be missing from and inconsistent with Lai’s initial written application and direct testimony, and uncorroborated in one respect. We hold that the BIA’s adverse credibility determination is not supported by substantial evidence. Accordingly, we grant the petition and remand to the BIA for further proceedings.

I. Background

In a written statement included with his initial application, Lai explained that he started practicing Christianity a few years after he lost his job as a factory worker in Fushun, China. He began going to church with his wife, and was baptized on December 24, 2004.…