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Keywords

testimonyburden of proofasylumcredibility

appealburden of proofwillasylumvisanaturalizationappellant

Related Cases

Quao Lin Dong v. AG

Facts

Quao Lin Dong entered the United States in 2000 without valid documents and was subsequently detained by the INS. She applied for asylum, claiming persecution due to China's one-child policy, which included forced abortion and sterilization. The IJ found her claims lacked corroboration, particularly due to inconsistencies with her husband's asylum application. Dong provided various documents, including medical records and letters from family members, to support her claims, but the IJ required her husband's testimony to resolve discrepancies.

On May 19, 2000, Quao Lin Dong, a Chinese national, entered the United States at or near Boston, Massachusetts without valid entry documents. Dong was detained by the United States Immigration and Naturalization Service ('INS') shortly thereafter. On June 6, 2000, the INS issued a Notice to Appear, charging Dong with removability from the United States pursuant to 212(a)(7)(A)(i)(I) of the Immigration and Nationality Act ('INA') as an alien who, at the time of application of admission, was not in possession of 'a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document.'

Issue

Did the IJ and BIA err in requiring corroboration from Dong's husband to support her asylum claim, and did they misapply the law regarding the burden of proof for past persecution?

At issue in this appeal is an Immigration Judge's ruling, affirmed by the Board of Immigration Appeals, that the appellant, Quao Lin Dong, failed to meet her burden of proof in relation to her claim of past persecution set forth in her Application for Asylum and Withholding of Removal.

Rule

The court held that corroboration is only required when it is reasonable to expect such evidence to be produced, particularly when the facts requiring corroboration are central to the applicant's claim and easily subject to verification.

We held that it is appropriate for the BIA to 'require otherwise-credible applicants to supply corroborating evidence in order to meet their burden of proof' when it is reasonable to expect such evidence to be produced.

Analysis

The Third Circuit determined that the IJ and BIA misapplied the law by requiring corroboration from Dong's husband without adequately considering the evidence she provided. The court noted that the absence of her husband's testimony did not negate the credibility of Dong's claims, especially given the corroborative evidence she submitted, including medical records and letters from family members.

We find that the IJ and the BIA erred by misapplying the law regarding when corroboration is necessary in order to meet one's burden of proof.

Conclusion

The Third Circuit vacated the denial of Dong's application for asylum and withholding of removal based on past persecution and remanded the case for further consideration, while affirming the BIA's ruling regarding future persecution claims.

The denial of the alien's application for asylum and withholding of removal based on past persecution was vacated and remanded.

Who won?

Quao Lin Dong prevailed in part, as the Third Circuit found that the IJ and BIA misapplied the corroboration requirement, leading to the vacating of the denial of her asylum application.

We disagree and will remand to the BIA for further consideration consistent with this opinion.

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