Jiaren Shi v. U.S. Attorney General

707 F.3d 1231, 2013 WL 424360, 2013 U.S. App. LEXIS 2506
CourtCourt of Appeals for the Eleventh Circuit
DecidedFebruary 5, 2013
Docket12-10997
StatusPublished
Cited by49 cases

This text of 707 F.3d 1231 (Jiaren Shi v. U.S. Attorney General) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jiaren Shi v. U.S. Attorney General, 707 F.3d 1231, 2013 WL 424360, 2013 U.S. App. LEXIS 2506 (11th Cir. 2013).

Opinion

MARCUS, Circuit Judge:

Petitioner Jiaren Shi seeks review of a Board of Immigration Appeals (BIA) decision denying him asylum. In proceedings before the immigration judge (“IJ”), Shi, a Chinese national, alleged that he had suffered past religious persecution on the basis of a 2002 incident, during which the police busted up a Christian church service in his father’s home and arrested his father, who was the leader of the church, Shi himself, and seven or eight other worship-pers. According to Shi, the police detained him for seven days, interrogating him twice and subjecting him to physical abuse. After one interrogation session, the police handcuffed Shi to an iron bar and left him outside in the rain overnight, after which he became ill. The IJ denied Shi asylum on several grounds, including a finding that his testimony was incredible. The BIA, however, assumed for its purposes Shi’s credibility and instead denied Shi asylum based solely on its determination that the alleged abuse, even if true, did not rise to the level of persecution. At issue in this appeal is whether Shi’s account, if true, compels a finding of past persecution. We hold that it does and, therefore, remand to the BIA for further proceedings consistent with this opinion.

I.

A.

Because the BIA assumed Shi was credible, the following facts are taken from Shi’s testimony before the IJ. Shi was a resident of Fujian Province in the People’s Republic of China. In October 1999, Shi became a Christian at the behest of his father, who founded a “home church” or “family church,” with a small congregation of twelve or thirteen members. Shi’s father’s church was not sanctioned by the Chinese authorities.

During a service held at Shi’s family home on April 7, 2002, four policemen broke up the meeting and told the congregants to hold their hands up to their heads and face a wall. The police confiscated the group’s Taiwanese bibles and arrested the nine or ten worshippers present, including Shi and his father, who was leading the service. During the arrest, the police referred to the church service as an “illegal meeting,” a phrase they would repeat throughout Shi’s ordeal. After taking the group to the police station, the police searched, booked, and interrogated each church member separately. Two policemen interrogated Shi regarding the history of the church, the composition of its membership and its leadership, and how his father communicated with anti-government forces in Taiwan; but Shi insisted the church met only for religious worship. *1233 During this first interrogation session, a police officer slapped Shi in the face and also kicked his chair out from underneath him, causing Shi to fall to the floor. Dissatisfied with Shi’s answers, the officer accused Shi of not telling the truth and threatened to beat him with a baton.

After the police had detained Shi for four days, they again interrogated him, but Shi was too frightened to respond. This time, the police told Shi that he had been brainwashed and that his mind had been “poisoned.” When Shi still did not respond to their questions, the policemen took him outside behind the back of the police building and handcuffed him to an iron bar. It was raining, and Shi was left outside, chained to the iron bar throughout the night. Eventually, the police removed the restraints and took him back inside the following morning at six or seven o’clock. After the incident, Shi became sick, suffering from a high fever and a sore throat. When his condition did not improve after two days, the police allowed his mother to bail him out for 5,000 renminbi (“RMB”) 1 because, according to Shi, they feared he would die in their custody. Before releasing him, the police wanted Shi to write a letter promising not to participate in future “illegal meetings,” but Shi did not do so. His mother immediately took him to see a doctor as a result of the fever.

Shi’s father was sentenced to five years due to his position as the leader of the church, although he has since been released and currently resides in China. Shi’s uncle arranged for Shi to flee to the United States shortly after the police released him. Shi initially arrived in Canada, on or about June 7, 2002, and then entered the United States by car roughly a week later. Shi has lived in several cities and currently resides in New York, 2 and he has attended several Christian churches in those cities.

B.

Shi applied for asylum in January 2003. The Department of Homeland Security (“DHS”) commenced removal proceedings against Shi in 2008, charging him with removability pursuant to 8 U.S.C. § 1182(a) (6) (A) (i) as an alien present in the United States without being admitted or paroled. Based on his claim of religious persecution, Shi applied for asylum pursuant to 8 U.S.C. § 1158; withholding of removal pursuant to 8 U.S.C. § 1231(b)(3); and relief under the United Nations Convention Against Torture (“CAT”) pursuant to 8 C.F.R. §§ 1208.16 and 1208.18.

The IJ denied Shi’s application for all three forms of relief for several reasons. First, because Shi testified inconsistently about his date of entry into the United States, the IJ found that Shi had not established by clear and convincing evidence that he filed his asylum application within one year of entry. The IJ further found that Shi’s testimony was incredible due to internal inconsistencies in his testimony, including an inconsistency regarding his date of entry, his inability to state his place of entry, and suspicions that documentary evidence had been prepared specifically to support his asylum claim. The IJ also held that Shi’s testimony, even if true, did not meet this Circuit’s legal standard for persecution. The IJ explained that persecution is an “extreme concept” *1234 and requires “more than a few isolated incidents of verbal harassment, intimidation, or one time incarceration.” According to the IJ, what occurred to Shi in China did not rise to the extreme level required to demonstrate past persecution.

The IJ then considered Shi’s claim that he had a well-founded fear of future persecution. Since the IJ found Shi’s account incredible, Shi could not meet the subjective component of this standard. The IJ also held that Shi’s fear was not objectively reasonable because the church to which he belonged still existed in China, and his father was not a target of government persecution despite continuing to lead the church. The IJ further determined that, since Shi could not meet the standard for asylum, he also failed to meet the higher bar required for withholding of removal. Finally, the IJ denied Shi CAT relief, finding it improbable that the government would torture him upon return to China. Shi appealed this decision to the BIA.

The BIA affirmed the IJ’s denial of relief.

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707 F.3d 1231, 2013 WL 424360, 2013 U.S. App. LEXIS 2506, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jiaren-shi-v-us-attorney-general-ca11-2013.