Jinfeng Tian v. Barr, No. 18-2342 (8th Cir. 2019)Annotate this Case
The 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.