Immigration Law

Recent Posts

CA9 on Credibility: Iman v. Barr
Posted on 25 Aug 2020 by Daniel M. Kowalski

Iman v. Barr "In light of the totality of the circumstances and in the context of the administrative record presented to us, the evidence in this case compels the conclusion that Iman’s testimony was credible. Exercising jurisdiction under... Read More

Matter of F-S-N-, 28 I&N Dec. 1 (BIA 2020)
Posted on 12 Jun 2020 by Daniel M. Kowalski

Matter of F-S-N-, 28 I&N Dec. 1 (BIA 2020) - To prevail on a motion to reopen alleging changed country conditions where the persecution claim was previously denied based on an adverse credibility finding in the underlying proceedings, the respondent... Read More

Matter of Y-I-M-, 27 I&N Dec. 724 (BIA 2019)
Posted on 12 Dec 2019 by Daniel M. Kowalski

Matter of Y-I-M-, 27 I&N Dec. 724 (BIA 2019) (1) An Immigration Judge may rely on inconsistencies to support an adverse credibility finding as long as either the Immigration Judge, the applicant, or the Department of Homeland Security has identified... Read More

CA9 on Credibility: Qiu v. Barr
Posted on 11 Dec 2019 by Daniel M. Kowalski

Qiu v. Barr "Petitioner Lizhi Qiu, a native and citizen of China, applied for asylum. She alleged that Chinese government officials subjected her to a forced abortion. An immigration judge (“IJ”) denied relief on the ground that Petitioner’s... Read More

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

CA7 on Adverse Credibility, Asylum, Mongolia: Nadmid v. Holder
Posted on 21 Apr 2015 by Daniel M. Kowalski

"Gonchigsharav Nadmid, a Mongolian businessman, petitions for review of the denial of his application for asylum and withholding from removal based on (1) his political opinion denouncing two prominent and corrupt politicians by name at a public... Read More

CA4 on Credibility: Ilunga v. Holder (BIA 'manifests a basic misunderstanding of the human condition')
Posted on 28 Jan 2015 by Daniel M. Kowalski

"Faustin Mukadi Ilunga, a citizen of the Democratic Republic of the Congo, appeals the denial of his application for asylum and protection under the Convention Against Torture (“CAT”). We hold that the rejection of Ilunga’s asylum... Read More