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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...

A Louisiana appellate court affirmed a WCJ's finding that an employer had not reasonably controverted a claim in spite of the employer's evidence that the injured worker had a preexisting co-morbid condition -- a congenital single kidney -- that...

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...

Acknowledging the broad discretion allowed to South Carolina's Workers' Compensation Commission when it comes to credibility determinations, the Supreme Court of South Carolina nevertheless reversed a Commission decision denying an employee's...

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...

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...

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...

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...

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...

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...