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Unpub. BIA Credibility Victory from Oakdale

"We find that the Immigration Judge's partial adverse credibility finding is the product of clear error and will reverse it (I.J. at 13-14). ... we find that the perceived inconsistency identified by the Immigration Judge is not supported by the record and will assume that the respondent testified...

BIA on Asylum, Credibility, Time Bar: Matter of M-A-F-, 26 I&N Dec. 651 (BIA 2015)

Official Headnotes : (1) Where an applicant has filed an asylum application before the May 11, 2005, effective date of the REAL ID Act of 2005, Division B of Pub. L. No. 109-13, 119 Stat. 302, and, on or after that date, submitted a subsequent application that is properly viewed as a new application...

BIA on Adverse Credibility: Matter of R-K-K-, 26 I&N Dec. 658 (BIA 2015)

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 to preserve the fairness of the proceedings. ...

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 of the circumstances, rather than relying...

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 officials. In its recent...