Third Circuit on evidence, credibility, REAL ID: Dong v. Atty. Gen.

"[T]he two primary problems identified above—the failure by both tribunals [the IJ and the BIA] to explain their rejection of Dong‘s corroborating evidence and the shaky foundation of the adverse credibility determination—operate both separately and in tandem to compel our granting of this petition for review. ... We cannot find that the credibility determination is supported by substantial evidence, especially when considered in light of a record that, as a whole, tends to support Dong‘s version of events when Dong‘s copious evidentiary submissions, few of which were discussed in the agency opinions, are taken into account. ... [W]hatever the REAL ID Act may be said to constitutionally allow—a question we leave for another day—it cannot support an outcome based on undefined implausibilities and impracticalities, and one that further overlooks a great deal of evidence suggesting a contrary conclusion." - Dong v. Atty. Gen., Nov. 10, 2011, unpub.