Xue Bing Zheng v. Immigration & Naturalization Service

MEMORANDUM **

Xue Bing Zheng petitions for review of an order of the Board of Immigration Appeals (the BIA) summarily affirming the decision of the immigration judge (“IJ”) and denying his application for asylum. We are compelled to reverse and remand.

Zheng sought asylum and withholding of deportation on the grounds that he had been persecuted on account of his religion by the Chinese Communist government and feared such persecution in the future. 8 U.S.C. § 1101 (a)(42)(A); 8 U.S.C. § 1158 .

The transcripts of the merits hearings make it clear that the IJ’s decision was influenced by what she perceived to be Zheng’s lack of knowledge of the basic tenets of Christianity. The IJ’s conclusion is not supported by the record. Over the course of the merits hearings, Zheng testified about the creation story, the four Gospels, the story of the crucifixion, the resurrection, and Jesus’ healing of the sick. The IJ erred when she failed to credit the extent to which Zheng demonstrated knowledge of Christian teachings. Although the IJ stated that she based her denial of Zheng’s application solely on his *648 inconsistent testimony, the record demonstrates that she impermissibly relied on…