Immigration Law

Recent Posts

CA8 on Credibility: Tian v. Barr
Posted on 31 Jul 2019 by Daniel M. Kowalski

Tian v. Barr "The reasoning behind the IJ’s [adverse] credibility finding here is simply not cogent. ... The IJ used misguided questions and demonstrated little understanding of Chinese culture. ... Equally disturbing is the IJ’s lack... Read More

CA1 on Asylum, Adverse Credibility: Gurung v. Barr
Posted on 9 Jul 2019 by Daniel M. Kowalski

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... Read More

How Do USCIS Asylum Officers Assess Credibility?
Posted on 10 Oct 2017 by Daniel M. Kowalski

Thanks to a FOIA request by David Cleveland , Senior Volunteer Attorney at Catholic Charities DC, you can read the 2016 credibility training module for USCIS Asylum Officers. Thank you, David! Read More

CA2 on Credibility: Gao v. Sessions, Shao v. Sessions
Posted on 2 Jun 2018 by Daniel M. Kowalski

Gao v. Sessions, Shao v. Sessions, May 25, 2018 - "These petitions for review heard in tandem challenge two decisions of the Board of Immigration Appeals (the ʺBIAʺ), affirming decisions by two Immigration Judges (ʺIJsʺ), denying asylum, withholding... Read More

Matter of J-C-H-F-: An Interesting Omission - Jeffrey S. Chase
Posted on 5 Mar 2018 by Daniel M. Kowalski

Jeffrey S. Chase, Mar. 2, 2018 - "In its decisions involving claims for protection under Article III of the U.N. Convention Against Torture, the BIA defines “government acquiescence” to include “willful blindness” by government... Read More

CA9 on REAL ID, Credibility: Dai v. Sessions
Posted on 9 Mar 2018 by Daniel M. Kowalski

Dai v. Sessions, Mar. 8, 2018 - "Ming Dai is a citizen of China. He testified that he was beaten, arrested, jailed, and denied food, water, sleep, and medical care because he tried to stop the police from forcing his wife to have an abortion. The... Read More

BIA on Credibility, Border & Airport Interviews: Matter of J-C-H-F-, 27 I&N Dec. 211 (BIA 2018)
Posted on 21 Feb 2018 by Daniel M. Kowalski

Matter of J-C-H-F-, 27 I&N Dec. 211 (BIA 2018) - When deciding whether to consider a border or airport interview in making a credibility determination, an Immigration Judge should assess the accuracy and reliability of the interview based on the totality... Read More

CA7 on Asylum, Credibility...and Chenery: Jimenez Ferreira v. Lynch - Published! (Aug. 5, 2016)
Posted on 10 Aug 2016 by Daniel M. Kowalski

Jimenez Ferreira v. Lynch, Aug. 5, 2016 - "We conclude that the agency erred by (1) failing to address Jimenez’s argument that the notes from the credible‐fear interview are unreliable and therefore an improper basis for an adverse credibility... Read More

BIA on Adverse Credibility: Matter of R-K-K-, 26 I&N Dec. 658 (BIA 2015)
Posted on 9 Sep 2015 by Daniel M. Kowalski

Official Headnotes: (1) Significant similarities between statements submitted by applicants in different proceedings can be considered by an Immigration Judge in making an adverse credibility determination if certain procedural steps are undertaken... Read More

Third Circuit on evidence, credibility, REAL ID: Dong v. Atty. Gen.
Posted on 14 Nov 2011 by Daniel M. Kowalski

"[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... Read More

CA3 on Credibility, Clear Error: Alimbaev v. Atty. Gen.
Posted on 25 Sep 2017 by Daniel M. Kowalski

Alimbaev v. Atty. Gen., Sept. 25, 2017 - "This disconcerting case, before our Court for the second time, has a lengthy procedural history marked by conflict between the Board of Immigration Appeals (BIA) and the Immigration Judge (IJ) and fueled... Read More

CA8 on Credibility: Zhang v. Holder
Posted on 11 Dec 2013 by Daniel M. Kowalski

"After careful review, we conclude the Immigration Judge’s (IJ) adverse credibility findings, adopted by the BIA, are not supported by substantial evidence in the record. We therefore grant the petition for review and remand the case for further... Read More

CA7 Asylum Remand: Wang v. Lynch
Posted on 27 Oct 2015 by Daniel M. Kowalski

"On remand the Board must assess two matters in the first instance. ... First it must decide whether Wang’s attempted interference with the family-planning officials, when they came to his house threatening to implement population-control measures... Read More

CA7 on El Salvador, Former Gang Members - Romero Arrazabal v. Lynch
Posted on 5 May 2016 by Daniel M. Kowalski

Romero Arrazabal v. Lynch, May 4, 2016 - "Arrazabal fears that if he is returned to El Salvador, he will be persecuted by his gang, a rival gang, or the police. An immigration judge found his testimony incredible and denied all relief; the Board... Read More

CA4 on Credibility, Discrepancies: Bassanguen v. Holder (Unpub.)
Posted on 28 Feb 2013 by Daniel M. Kowalski

"...remand is necessary to allow the IJ and the BIA to reassess Bassanguen’s credibility under the totality of the circumstances, without regard to this single discrepancy." DAVIS, Circuit Judge, concurring in the judgment: "I... Read More