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Unpub. BIA Remand Victory: CAT, Mexico, credibility, social group

"[T]he adverse credibility finding is clearly erroneous inasmuch as it based on minor inconsistencies and improper speculation (Resp. Br. at 15). See Ren v. Holder, 648 F.3d 1 (9th Cir. 2011) (trivial inconsistencies that under total circumstances have no bearing on petitioner's veracity should...

Third Circuit on credibility, abuse of discretion, due process: Abulashvili

"Petitioners Vasil Abulashvili and Teona Klibadze seek review of an order of the Board of Immigration Appeals dismissing their application for withholding of removal and protection under the Convention Against Torture (“CAT”) and an order of the BIA denying their motion to reopen. For...

Unpub. CA10 Credibility Remand: Zheng v. Holder

"Na Zheng and Jin De Pan petition for review of a final removal order from the Board of Immigration Appeals (BIA). Exercising jurisdiction under 8 U.S.C. § 1252(a), we grant the petition because the BIA’s credibility determination was not adequately founded on cogent and substantially...

CA11 on Credibility: Wu v. U.S. Attorney General

"[T]he IJ’s repeated references that Wu’s story “just seems suspicious to me” or “just seems implausible to me” evince a determination made on personal perception or whim, not evidence. ... Our review of the record reveals no evidence to support the IJ’s...

CA9 on Credibility: Bassene v. Holder

"Alphonse Charles Bassene (“Bassene”), a native and citizen of Senegal, petitions for review of the Board of Immigration Appeals (“BIA”) decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”...

Unpub. BIA Credibility Remand: Camaroon

David L. Cleveland of Catholic Charities of Washington writes: "Respondent, from Cameroon, testified he was imprisoned and beaten three times. He also gave the court a fake photo of his injuries. The Immigration Judge denied asylum, deeming respondent not credible, in large part because of the fake...

CA8 on Credibility, Frivolousness, Materiality: Limbeya v. Holder

"Boendi Limbeya, a citizen of the Democratic Republic of Congo (DRC), petitions for review of an order of removal from the Board of Immigration Appeals (BIA). Limbeya filed an application for asylum in 2005. Following a hearing, an Immigration Judge (IJ) found his application frivolous, denied all...

CA7 on Credibility: Yuan v. Lynch

Yuan v. Lynch, June 28, 2016 - "We conclude that the purported inconsistencies regarding Yuan’s injuries and time in the hospital, his method of transportation to the hospital, and whether or not government officials questioned him at his workplace are either so easily explained or so trivial...

CA9 on Credibility: Bhattarai v. Lynch

Bhattarai v. Lynch, Aug. 30, 2016 - "Nishchal Bhattarai petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). The BIA upheld the immigration...