Jinfeng Tian v. Barr, No. 18-2342 (8th Cir. 2019)
Annotate this CaseThe Eighth Circuit granted a petition for review of the BIA's dismissal of petitioner's appeal of an IJ's order denying asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The court held that the IJ relied on personal beliefs and perceived common knowledge to reach unfounded adverse conclusions regarding petitioner's faith, and the IJ gave no weight to translation issues in the proceeding. Consequently, the IJ's credibility determinations were not supported by cogent reasons for disbelief and the BIA erred in upholding these findings. The panel vacated the removal order and remanded for a new credibility determination.
Court Description: Grasz, Author, with Erickson and Bowman, Circuit Judges] Petition for Review - Immigration. In reaching determinations regarding petitioner's credibility, the IJ relied on personal beliefs and perceived common knowledge to reach unfounded conclusions regarding petitioner's Christian faith and further erred in giving no weight to the translation issues in the proceedings; as a result, the credibility determinations in the case are not supported by cogent reasons for disbelief and the BIA erred in upholding the IJ's findings; the petition for review is granted, the removal order is vacated, and the matter is remanded for a new credibility determination consistent with this opinion. Judge Erickson, concurring in the judgment.
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