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9th Circuit: Ignorance of Religious Doctrine Does Not Support Adverse Credibility Finding In Asylum Application

By Howard M. Friedman

In Li v. Holder, (9th Cir., Jan. 19, 2011), the 9th Circuit Court of Appeals reversed an immigration judge's denial of an asylum application by Lei Li, a citizen of China who claimed he is a Christian and that he had been persecuted and had a well-founded fear of future persecution if he returned to China.  The immigration judge's denial was based on his finding that Li failed to demonstrate credible evidence that he is a Christian.  That adverse credibility finding was based primarily on Li's answer to two questions about Christianity. First, Li thought Thanksgiving was a Christian holiday.  Second, when asked about the difference between the Old and New Testaments, Li could only respond that the Old Testament was written in Hebrew while the New Testament was written in Greek.  The 9th Circuit held that "an IJ's perception of a petitioner?s ignorance of religious doctrine is not a proper basis for an adverse credibility finding." Judge Zouhary (sitting by designation) dissented, arguing that instead of reversing the adverse credibility finding, the court should remand for clarification and, if necessary, a supplemental hearing. Courthouse News Service reports on the decision.

Full post as published by Religion Clause on January 21, 2011 (boomark / email).