Xi Quang Tang v. Attorney General of the United States
Opinion of the Court
OPINION
Xi Quang Tang, a native and citizen of China, entered the United States in November 2005. He appeared before an Immigration Judge (“IJ”) and conceded that he was removable for entering without being admitted or paroled. See Immigration and Nationality Act (“INA”) § 212(a)(6)(A)(i) [8 U.S.C. § 1182(a)(6)(A)(i) ]. Tang filed an applica
The IJ denied relief, finding that Tang provided inconsistent testimony, lacked sufficient knowledge of Christianity and China’s church registration policies, and failed to provide reasonably expected corroboration. Tang appealed to the Board of Immigration Appeals (“BIA”), arguing that the IJ’s credibility determination was not supported by substantial evidence. The BIA adopted and affirmed the IJ’s decision, concluding that Tang “has failed to resolve the numerous credibility issues raised by the [IJ] and has not provided an explanation for his lack of corroborating evidence.” Tang filed a timely petition for review.
We have jurisdiction under INA § 242 [8 U.S.C. § 1252].
We conclude that the IJ’s adverse credibility determination is not supported by substantial evidence. The primary inconsistency cited by the IJ involved the photograph of the choir performing at the “underground” church, which Tang claimed was located in a single family residence.
Finally, even if the IJ reasonably required evidence corroborating Tang’s “Christian affiliation in the United States,” the IJ’s examination of whether such evidence had been provided was inadequate. In denying relief based on a lack of corroboration, the IJ must conduct the following three-part inquiry: (1) an identification of facts for which it is reasonable to expect corroboration; (2) an inquiry as to whether the applicant has provided information corroborating the relevant facts; and, if he has not, (3) an analysis of whether the applicant has adequately explained his failure to do so. See Toure v. Att’y Gen., 443 F.3d 310, 323 (3d Cir. 2006). Here, the IJ concluded that Tang could have submitted a letter from his pastor, a statement from the relative who first took him to the church, or the study material he used to prepare for his baptism. The IJ also rejected Tang’s explanation that he had left his baptism study materials at home and that his preacher did not have time to testify. Importantly, however, the IJ failed to address other evidence corroborating Tang’s membership in the Philadelphia church, such as his “Certificate of Baptism” and photographs of his baptism ceremony. See Cham v. Att’y Gen., 445 F.3d 683, 693 (3d Cir. 2006) (recognizing that an IJ must “actually consider” the evidence presented by a party).
For the foregoing reasons, we will grant the petition for review, vacate the BIA’s order of May 6, 2008, and remand for further proceedings consistent with this opinion.
. The Government argues that Tang failed to exhaust his administrative remedies "with respect to each individual element" of the IJ's decision. We disagree. In his brief to the Board, Tang asserted that the IJ "incorrectly determined that [his] testimony was not credible." See Joseph v. Att’y Gen., 465 F.3d 123, 126 (3d Cir. 2006) (stating that "so long as an immigration petitioner makes some effort, however insufficient, to place the Board on notice of a straightforward issue being raised on appeal, a petitioner is deemed to have exhausted her administrative remedies.”). In addition, the Board, citing to numerous pages from the transcript, referred to Tang's “contradictory testimony, prior statements, and material inconsistencies," as well as his failure to provide corroborating documentation. See Lin v. Att'y Gen., 543 F.3d 114, 122-23 (3d Cir. 2008) (noting that exhaustion may occur when the BIA sua sponte considers an issue).
. Because Tang's asylum application was filed after the effective date of the REAL ID Act (May 11, 2005), the IJ was allowed to make a credibility determination “without regard to whether an inconsistency, inaccuracy,
.The only other inconsistency cited by the IJ pertained to Tang’s Chinese baptismal document, which indicated that he was baptized on November 15, 2000. Tang testified, however, that he was baptized in November 2001. Tang explained that the date on the document was a "mistake.” We conclude that this date discrepancy does not provide substantial evidence in support of the IJ's adverse credibility finding, particularly in light of Tang's otherwise consistent account and other pertinent documentary evidence. See INA § 208(b)(l)(B)(iii) [8 U.S.C. § 1158(b)(l)(B)(iii) ]. The IJ found that those "other documents contradicted [Tang's] ... claim that he was a member of an unregistered underground Christian church, which violated China's laws and therefore caused the government to seek his arrest.” In reaching this conclusion, however, the IJ failed to address a March 18, 2005, warrant to "arrest religion member” Tang, a letter from Tang’s sister describing village officials’ efforts to locate Tang, and a "certificate” from the friend with whom Tang stayed indicating that Tang had "escaped” because “he was want[ed] by [the] Police Bureau for religion belief.” See Chukwu v. Att’y Gen., 484 F.3d 185, 189 (3d Cir. 2007) (holding that IJ "failed to take into account relevant and persuasive evidence that would not only explain the alleged inconsistencies, but would also support [the petitioner's] allegations of ... persecution.”).
. The IJ also focused on perceived inconsistencies concerning the number of people who belonged to Tang’s church. Tang initially testified that there were "[a] little over 10” members. A.R. 92. According to the IJ, Tang "later doubled the size of the membership from 10 to 20 when confronted with the photograph of the choir.” This is not an accurate characterization of Tang's testimony. Responding to a question from the IJ that was unrelated to the photograph, Tang in fact stated that there were ”[o]ver 10 but less than 20” members. Id. at 105.
. Notably, the IJ failed to acknowledge that the record contained the Department of State Country Reports, in which the registration of "house churches” in China is discussed.
. The IJ suggested that Tang's church was properly registered with Chinese authorities because he "did not dispute that there was a sanctioned affiliation between his church and the government.” This is a mischaracterization of Tang’s testimony. He first asserted that there was no affiliation, then stated that he was not sure whether an affiliation existed between his church and a nearby public school.
Reference
- Full Case Name
- XI QUANG TANG v. ATTORNEY GENERAL OF the UNITED STATES
- Status
- Published