Immigration Law

CA1 on Asylum, Adverse Credibility: Gurung v. Barr

Gurung v. Barr

"When the agency has denied asylum and related relief on credibility grounds, we can (and we will) affirm only if (a) the agency offered a clearly independent and sufficient ground for its ruling, one that is not affected by any erroneous adverse credibility findings, or (b) the evidentiary record includes statements that are so inconsistent that we can be confident that the agency would not accept any kind of explanation.   In the instant case, we have doubts that — in the absence of legal error — the agency would have reached the same conclusion. Accordingly, we need not decide whether, under our precedents, the inconsistency concerning the dates of Gurung’s assault and hospitalization would be sufficient to justify an adverse credibility finding at all. Remanding to the BIA is clearly not futile. ... We GRANT Gurung’s petition for review, VACATE the BIA’s order of removal, and REMAND the case to the agency for reconsideration consistent with this opinion."