In an unpublished opinion released to today, the Fourth Circuit Court of Appeals remanded the petitioner’s case after finding “that the adverse credibility finding is not supported by substantial evidence”.
Petitioner Chen was denied asylum in immigration court, and his appeal to the Board of Immigration Appeals was also denied, based on an adverse credibility finding by the Immigration Judge. At his hearing, Chen testified that he was kicked, punched and beaten with rubber batons by police because of his religion (Christian) and then detained for thirty days, with no more beatings. Chen stated that after his release from detention, he came to the United States so that he could freely practice his faith. Read more