Liao

Liao v. Ashcroft

Good Law
120 F. App'x 37
United States Court of Appeals for the Ninth CircuitJanuary 7, 2005No. 02-72902; Agency No. A75-677-093California761 words

Opinion

Lead Opinion

MEMORANDUM **

Bingjun Liao, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) affirmance without opinion of the Immigration Judge’s (“IJ”) final order denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”), 8 C.F.R. § 1208.16 (d)(1). We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we grant the petition for review.

The IJ issued an adverse credibility finding, citing numerous bases, falling into roughly five categories: (1) Liao’s commitment to Christianity; (2) evasiveness; (3) interaction with police; (4) escape from China; and (5) employment and discharge.

1) The IJ’s conclusion that Liao lacked a commitment to Christianity is not supported by substantial evidence. Whether Liao was baptized, could remember the name of his pastor, or could recall the exact sequence of books in the New Testament do not individually go to the heart of his claim. Kaur v. Ashcroft, 379 F.3d 876, 884 (9th Cir.2004). Liao was able to name several books of the Bible, and gave a plausible explanation for not being baptized. The IJ failed to consider that explanation.

2) The IJ’s…

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