Liang v. Attorney General United States, No. 20-3353 (3d Cir. 2021)Annotate this Case
In 1997, Liang learned that his girlfriend was pregnant. Because they had not yet married, Chinese government officials forced her to abort their baby. To protest, Liang met with a local official. A scuffle ensued. It ended when a security guard slammed a door on his hand, scarring it. Liang then began attending underground church meetings. In 2000, Chinese police burst into a church meeting and declared it an illegal religious gathering. They arrested several people, including Liang. At the station, the police abused and beat Liang; he still suffers hearing loss. They locked him in a cold cell, gave him little to eat, and kept him for 15 days. Liang kept going to church. To avoid the police, the group met less often and constantly changed locations.
Almost a decade later, Liang fled to the U.S. and sought asylum, claiming political persecution and religious persecution. Though the IJ found Liang credible, he found that he had not been persecuted, despite the government’s apparent concession. The BIA affirmed, categorizing the incidents as not “sufficiently egregious” and the threat of rearrest as not “concrete and menacing.” The Third Circuit granted a petition for review. The BIA was right about political persecution, but its reasons for rejecting religious persecution were flawed. By not considering religious persecution cumulatively, it misapprehended applicable law.