Record failed to contain sufficient evidence to support IJ’s denial of asylum/withholding of removal requests by alien (native of China), where alien alleged that he was persecuted/beaten by Chinese officials because of his asserted opposition to China’s coercive population-control policy, and where instant denial was based on IJ’s finding that alien’s testimony was not credible and lacked corroboration. While record contained inconsistencies in arguably four areas of alien’s testimony that included his description of his medical treatment, his arrival at hospital after receiving certain injuries, his workplace harassment and his description of his brother’s whereabouts, any inconsistencies were not material to his main claim, as established by his medical records, that he sustained injuries arising out of his assaults by Chinese officials. As such, remand was required to permit Bd. to further assess alien’s eligibility for asylum/withholding of removal based on merits of case.
Federal 7th Circuit Court
Civil Court
Immigration