Religious Test In Asylum Case Ruled Improper

By Kevin Eckstrom
Religion News Service

(RNS) A Chinese Christian should be given another chance at asylum after an immigration judge thought the man couldn't answer "basic questions" about Christianity, a federal appeals court has ruled.

The 9th U.S. Circuit Court of Appeals said on Wednesday (Jan. 19) that Lei Li was improperly denied asylum after the judge was unsatisfied by his answers on whether Thanksgiving is a Christian holiday and the difference between the Old and New Testaments.

Lei became a Christian in 1999 and was subsequently beaten, interrogated by Chinese authorities and lost his job after hosting church services in his house. He arrived in the U.S. on a tourist visa in 2001.

In 2005, two years after he applied for asylum, an immigration judge ruled that Lei "failed to demonstrate credible evidence that he is a Christian" and made conflicting statements about his residency.

The appeals court ruled that Lei "is in good company" in thinking that Thanksgiving is a Christian holiday, noting that George Washington and Abraham Lincoln cited God in their Thanksgiving proclamations.

Lei said he only knew that the Old Testament was written in Hebrew and the New Testament in Greek, and his inability to say more was viewed as an "important factor" in calling his Christianity into question.

The appeals court, however, said Lei's answer about the Bible is "scant evidence" for his lack of Christian faith, and his answer about Thanksgiving is "no evidence at all."

According to the ruling, Lei professed his "belief that Jesus came to save people from sin, that he willingly died on the cross, that he rose from the dead on the third day, that 40 days later he ascended into heaven, and that, in this way, he 'save(s) our lives."'

Judge Alfred T. Goodwin, writing for the appeals court, said the immigration judge's "perception of a petitioner's ignorance of religious doctrine is not a proper basis" for rejecting his claims.

The court reversed the lower court's denial of asylum and sent Lei's case back for further consideration.

Comments

[schnauzergirl]

02:57 PM on 01/28/2011

So how many other "known" christians from the same background as Mr. Lei did they interview to compare his knowledge base. Someone does not have to be a theologin before converting.

Thanksgiving is an American holidayWhat does the average non-traveled Chinese national know about it?. Likely the only pictures this guy has ever seen (if any) of it are the Norman Rockwell-ish family praying around a turkey.

[Pranav1941]

08:25 AM on 01/28/2011

"the history of Christiani­ty is not so rosey..."

The history may not be rosy but thye persecution of Christians and Hindus in muslim countries NOW goes unsupported. Secularism abandons them.

[Pranav1941]

08:08 AM on 01/28/2011

"You mean a judge used a 'religious litmus test' to deny a man who had been beaten in his home nation?"

The religious litmus test became necessary because he was seeking asylum on grounds of religious persecution. No one has any right to be given an asylum and the lower court judge preferred not to be a dhimmi.

[logicanada]

09:51 PM on 01/26/2011

Lei became a Christian in 1999 and was subsequently beaten, interrogated by Chinese authorities and lost his job after hosting church services in his house.

Well, I'd say THAT was a pretty good test.

[Zanubiyah]

07:32 PM on 01/26/2011

Wait a minute....

You mean a judge used a 'religious litmus test' to deny a man who had been beaten in his home nation?

I thought shari'a law was outlawed in America?

[hagagaga]

12:11 PM on 01/24/2011

And that guy is still a judge after doing this?

[logicanada]

09:52 PM on 01/26/2011

He was never a judge, just holds the title.

[EdA]

09:29 PM on 01/23/2011

Since the overwhelming majority of self-proclaimed "compassionate" "conservative" "born-again" "Christian" politicians enthusiastically reject Jesus' teachings, it is highly doubtful that even half the Republican members of Congress would have a greater ability to talk about mainstream or even Fundamentalist Christian dogma, at least the part that Jesus or his disciples might recognize.

[Jericho the Red]

03:24 PM on 01/23/2011

well, in other article in HP it stated that Christianity is on the rise in China
http://www.thearda.com/Archive/Files/Descriptions/SPRTCHNA.asp
85% of chinese consider themselves religios..
I guess the asylum case is moot on that level

[Ameriki]

09:47 AM on 01/23/2011

He might be confused about the Old and the New Testaments because the loudest so-called christians are always citing the Old Testament.

[genrel1248]

05:48 PM on 01/22/2011

He must not be christian enough for us.

[Weirdwriter]

02:52 PM on 01/22/2011

If the Chinese government took the trouble to vigorously persecute this man for no apparent reason than his religious beliefs Isn't that enough evidence?

[Nathaneal Green]

04:50 PM on 01/24/2011

Your comment contains a ton of common sense, but there is some legal precedent on religious asylum cases where the Court's have actually assumed that the government persecutors had a non-religious motive and therefore the person seeking asylum was not persecuted for religious reasons. These cases actually required the persecuted person to show evidence of what the persecutor's motives were. That could be tough to do when the persecutors are government officials in a foreign nation.

[Cindbird]

02:50 PM on 01/22/2011

This man may not have been able to answer Doctrinal Theology questions, but you also have to take into account that he may have had severely limited access to a Bible, much less Doctrinal Theology. He was imprisoned and beaten for publicly saying he is a Christian. The court was correct in throwing out the order.

[Reyeshawk13]

01:30 PM on 01/22/2011

If knowing whether or not Thanksgiving is a Christian holiday and the difference between the Old and New Testaments are required to make someone a Christian then a whole lot of "Christian" commentators and public figures need to stop calling themselves Christians.

[Jeff Rosenbury]

01:11 PM on 01/22/2011

It's my understanding we accept refugees in part on the basis of religious persecution. If this man were a Muslim being persecuted we would let him in. What difference does it make that his brand of Christianity doesn't match some arbitrary standard?

The appellate court was correct.

[Nathaneal Green]

12:39 PM on 01/22/2011

As the Court's decision states, before coming to the U.S. Lei was beaten and lost his job in China for holding Christian meetings in his home. This is persecution. The persecutors (who were government officials acting within their approved government functions) beat Lei because they disapproved of his religion. It plainly was improper for the Immigration Judge to question the suffiiency of Lei's beliefs. The government persecutors did not question his sincerity. If Lei were returned to China, they would beat him again.