CA9 on Credibility: Shen v. Garland

Shen v. Garland

"Peng Shen, a citizen of the People’s Republic of China, applied for asylum, withholding of removal, and relief under the Convention Against Torture. An Immigration Judge (“IJ”) rejected her application in an order that found her not to be a credible witness, based on her demeanor and inconsistencies in her testimony. On appeal, the Board of Immigration Appeals (“BIA”) upheld the IJ’s order, and Shen then petitioned this court for review. Because we conclude that the agency’s credibility determination may have been affected by a misstatement of Chinese law that was a centerpiece of the Government’s cross-examination of Shen at her removal hearing, we grant Shen’s petition and remand for further proceedings."

[Hats off to Thomas Tarigo!  NOTE: This PFR was filed in 2016!  Listen to the oral argument here.]