Zhuo Di Chen v. Immigration & Naturalization Service

MEMORANDUM *

Zhuo Di Chen and his son Qin Chen, natives and citizens of the People’s Republic of China, petition for review of a decision of the Board of Immigration Appeals (“BIA”) denying their applications for asylum and withholding of deportation by an Immigration Judge (“IJ”). Qin Chen’s application is derivative of his father’s, so we address only Zhuo Di Chen’s application. We have jurisdiction pursuant to 8 U.S.C. § 1252 (b). Because the BIA committed legal error by insisting on corroboration of Chen’s credible testimony, we vacate its decision and remand for a determination of the applications under the correct legal standard.

In support of his claim for asylum arid withholding of removal, Chen testified at the merits hearing, attached an affidavit to his asylum application, and submitted a pre-hearing statement of position. He stated that, in October 1990, he was unwittingly responsible for allowing a reporter to visit a prisoner in the government security compound where he had worked for thirteen years in Fuzhou City, Fujian Province. He was questioned two weeks later by the security director, who told him that a Hong Kong newspaper reporter had written an article…