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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...

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...

A New York appellate court reiterated the important legal point that while it is true that, absent substantial evidence to the contrary, N.Y. Work. Comp. Law § 21(1) affords a presumption that an accident that occurs in the course of employment also...

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...

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...

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...

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!

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...

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...

In “Mark R. Vespole on Townsend v. Pierre, 221 N.J. 36 (2015),” the commentary initially observes that in Townsend v. Pierre , the New Jersey Supreme Court issued what, at first glance, could be viewed as a routine decision regarding an interpretation...

A New York appellate court affirmed the Board’s determination that a truck driver had sustained a back injury in the course and scope of his employment in spite of the fact that the driver’s version of what happened differed from data generated...

VERMONT SUPREME COURT DECISIONS Estate of Dunn v. Windham Northeast Supervisory Union , 2012 VT 93 (2012) . Section 624(e) does not allow for reimbursement to the workers' compensation carrier for payment from life insurance policy "because...

DEPARTMENT OF LABOR DECISIONS Touchette v Vermont Slate and Roofing , Opinion No. 1-12WC, 2012 VT Wrk. Comp. LEXIS 5 (Jan. 13, 2012). In 2007, Claimant, a New York resident, suffers a work-related back injury in Vermont with a Vermont employer. In...

The Missouri Supreme Court reversed a denial of benefits in a divided 4-3 opinion and found there was sufficient evidence in an expert’s written report to find medical causation, despite the fact the ALJ, the Commission, and the Court of Appeals...

Evidence that one day after moving tires, rims and heavy frame equipment while cleaning his employer’s shop, an auto body paint technician told the employer’s owner that he was “pretty sore” and he “must have hurt [himself...