Fourth Circuit on evidence: Tassi v. Holder

Fourth Circuit on evidence: Tassi v. Holder

"[O]ur analysis of Tassi’s petition for review exposes several categories of error.  For example, the IJ contravened the principle that corroborative evidence supporting an asylum application cannot be rejected solely because it does not strictly comport with the rules of evidence or because it lacks its own corroborating evidence. The IJ also discredited key documentary evidence because it was not authenticated pursuant to immigration regulations, without providing Tassi an opportunity to authenticate by other means. Another category of error arises from and implicates the IJ’s inaccurate perceptions of relevant aspects of the record. Lastly, the IJ improperly relied on speculation and assumption. ... As we have explained, "[t]hose who flee persecution and seek refuge under our laws have the right to know that the evidence they present of mistreatment in their home country will be fairly considered and weighed by those who decide their fate." .... In these circumstances — without deciding the ultimate issue — our proper disposition is to grant the petition for review and vacate and remand." - Tassi v. Holder, Nov. 7, 2011.  [Hats off to Danielle L.C. Beach-Oswald!]