2015年3月2日第二联邦上诉法院拒绝了一个陈姓上诉案子。
陈在日期上犯了可笑的低级错误。他作证说自己在1993年在中国参加了宗教活动。但陈词上说是2008年。他作证说1998年干部威胁他和其他教友,但陈词上说是2008. 他说自己被逮捕殴打是在1999. 但陈词上说是2009. 他反复说当局在1999扒了他家的房子。但他说是2000或2002. 接着又改口说是2009。. 唉。
The IJ reasonably based his adverse credibility determination on the inconsistencies between Chen's testimony and asylum application. For example, Chen testified that he first began attending religious gatherings in China in 1993, but his asylum application stated that he began in 2008. He testified that village cadres threatened he and other practitioners at a religious gathering in 1998, but his asylum application stated that this occured in 2008. He also testified that he was arrested and beaten in 1999, but his asylum application stated that this occurred in 2009. Chen repeatedly testified that authorities tore down his family's home in 1999, which was ten years before he left China in 2010. But then he stated that the house was torn down in 2000 or 2002, and changed the date yet again, stating that it was torn down in 2009, only one year before he left China. Moreover, a document showed that his house was registered in 2001, meaning that it could not have been torn down in 1999. The IJ properly relied on these inconsistencies. Xiu Xia Lin, 534 F.3d at 167. The IJ was not required to credit Chen's explanations. See Majidi v. Gonzales, 430 F.3d 77, 80-81 (2d Cir.2005) (holding that the agency need not credit an applicant's explanations for inconsistent testimony unless those explanations would compel a reasonable fact-finder to do so).