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Daniel M. Kowalski
4 months ago
Immigration Law
Inside News
CA9 on Credibility: Iman v. Barr
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...
Thomas A. Robinson
5 months ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Louisiana: JCC's Credibility Findings Sufficient to Withstand Employer's Fraud Charge
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...
Daniel M. Kowalski
7 months ago
Immigration Law
Inside News
Matter of F-S-N-, 28 I&N Dec. 1 (BIA 2020)
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...
Thomas A. Robinson
8 months ago
Workers' Compensation
Recent Cases, News, Trends & Developments
South Carolina: Commission's Credibility Determinations as to Claimant Cannot Justify Ignoring Objective Medical Evidence of Injury
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...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
Matter of Y-I-M-, 27 I&N Dec. 724 (BIA 2019)
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...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
CA9 on Credibility: Qiu v. Barr
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...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
CA8 on Credibility: Tian v. Barr
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...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
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...
Thomas A. Robinson
over 2 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
New York: Farmhand’s Claim of Injury While Birthing Calf Fails
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...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Immigration Law Blog
CA2 on Credibility: Gao v. Sessions, Shao v. Sessions
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...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Immigration Law Blog
CA9 on REAL ID, Credibility: Dai v. Sessions
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...
Daniel M. Kowalski
over 3 years ago
Immigration Law
Immigration Law Blog
How Do USCIS Asylum Officers Assess Credibility?
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!
Daniel M. Kowalski
over 2 years ago
Immigration Law
Immigration Law Blog
Matter of J-C-H-F-: An Interesting Omission - Jeffrey S. Chase
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...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Immigration Law Blog
BIA on Credibility, Border & Airport Interviews: Matter of J-C-H-F-, 27 I&N Dec. 211 (BIA 2018)
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...
Daniel M. Kowalski
over 4 years ago
Immigration Law
News Headlines
CA7 on Asylum, Credibility...and Chenery: Jimenez Ferreira v. Lynch - Published! (Aug. 5, 2016)
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...
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