Zhang, et al. v. Holder, Jr., No. 12-3164 (8th Cir. 2013)
Annotate this CasePetitioner and her husband, natives of the People's Republic of China, petitioned for review of the BIA's order denying their applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). Petitioner claimed that while in China, government family-planning officials forced her to abort her second pregnancy under China's one-child policy. The court held that the IJ's adverse credibility determination was not supported by substantial evidence in the record. The IJ engaged in impermissible speculation and improperly relied on a minor inconsistency. As such, the BIA erred in affirming the IJ's decision that petitioner did not establish past persecution. Accordingly, the court granted the petition for review and remanded for further proceedings.
Court Description: Petition for Review - Immigration. The Immigration Judge's adverse credibility findings, adopted by the BIA, are not supported by substantial evidence; the Immigration Judge engaged in impermissible speculation and improperly relied on a minor inconsistency and, as such, the BIA erred in affirming the IJ's decision that petitioner had not established past persecution under China's one-child policy; remanded for further proceedings.
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