LexisNexis® Legal Newsroom
Sixth Circuit on translation error, credibility: Sea v. Holder

"Sea’s newly retained counsel discovered that one of the principal documents relied on by the Immigration Judge in support of his determination that Sea was not credible had been improperly translated. Therefore, we STAY the appeal to allow Sea to first bring this issue before the Board of...

Third Circuit on evidence, credibility, REAL ID: Dong v. Atty. Gen.

"[T]he two primary problems identified above—the failure by both tribunals [the IJ and the BIA] to explain their rejection of Dong‘s corroborating evidence and the shaky foundation of the adverse credibility determination—operate both separately and in tandem to compel our granting...

CA4 on Credibility, Discrepancies: Bassanguen v. Holder (Unpub.)

"...remand is necessary to allow the IJ and the BIA to reassess Bassanguen’s credibility under the totality of the circumstances, without regard to this single discrepancy." DAVIS, Circuit Judge, concurring in the judgment: "I agree that the record compels us to grant the petition...

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...

CA8 on Credibility: Zhang v. Holder

"After careful review, we conclude the Immigration Judge’s (IJ) adverse credibility findings, adopted by the BIA, are not supported by substantial evidence in the record. We therefore grant the petition for review and remand the case for further proceedings." - Zhang v. Holder, Dec. 11...

CA9 on Credibility, Notice, Evidence: Zhi v. Holder

"Petitioner Ai Jun Zhi, a Chinese citizen, petitions for review of the denial of his application for asylum and withholding of removal. As we explain below, one of the bases for the immigration judge’s (“IJ”) adverse credibility determination is not supported by substantial evidence...

CA9 on Credibility: Lai v. Holder

"Yongguo Lai, a native and citizen of China, petitions for review of a decision by the Board of Immigration Appeals (BIA). The BIA dismissed Lai’s appeal from an immigration judge’s (IJ) decision denying his application for asylum, withholding of removal and protection under the Convention...

CA4 on Credibility: Ilunga v. Holder (BIA 'manifests a basic misunderstanding of the human condition')

"Faustin Mukadi Ilunga, a citizen of the Democratic Republic of the Congo, appeals the denial of his application for asylum and protection under the Convention Against Torture (“CAT”). We hold that the rejection of Ilunga’s asylum application, largely on the basis of an adverse...

CA7 on Adverse Credibility, Asylum, Mongolia: Nadmid v. Holder

"Gonchigsharav Nadmid, a Mongolian businessman, petitions for review of the denial of his application for asylum and withholding from removal based on (1) his political opinion denouncing two prominent and corrupt politicians by name at a public rally and (2) his membership in the social group of...

CA7 on Credibility, China: Liu v. Lynch

"Hongting Liu, a Chinese citizen in her mid-twenties, petitions for review of the denial of her application for asylum and withholding of removal based on religious persecution. Because substantial evidence does not support the Immigration Judge’s (IJ) adverse credibility finding, which was...

CA1 on Credibility: Mboowa v. Lynch

"Petitioner Henry Mboowa, a native and citizen of Uganda, asks us to review a Board of Immigration Appeals ("BIA") order denying his claims for asylum, withholding of removal, and protection under the United Nations Convention Against Torture ("CAT"). The BIA upheld an Immigration...

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. ...

CA2 on Evidence, Credibility: Ahmed v. Lynch

"We are unable to meaningfully review the agency’s removability determination due to the BIA’s failure to consider material evidence—namely, Ahmed’s 1994 marriage certificate. ... The BIA makes no mention of Ahmed’s 1994 marriage certificate. Given that the removability...

CA7 Asylum Remand: Wang v. Lynch

"On remand the Board must assess two matters in the first instance. ... First it must decide whether Wang’s attempted interference with the family-planning officials, when they came to his house threatening to implement population-control measures, qualifies as “other resistance.”...

CA6 on Credibility: Marouf v. Lynch

Marouf v. Lynch, Jan. 6, 2015 - "In this immigration case, petitioners Nancy Marouf, Saed Marouf, and Naheda Marouf seek review of the Board of Immigration Appeals’ order affirming the decision of an Immigration Judge denying their applications for asylum, withholding of removal, and protection...

CA7 on El Salvador, Former Gang Members - Romero Arrazabal v. Lynch

Romero Arrazabal v. Lynch, May 4, 2016 - "Arrazabal fears that if he is returned to El Salvador, he will be persecuted by his gang, a rival gang, or the police. An immigration judge found his testimony incredible and denied all relief; the Board of Immigration Appeals upheld that decision. Arrazabal...

CA9 on Credibility: Perez-Arceo v. Lynch

Perez-Arceo v. Lynch, May 12, 2016 - "We grant Antonio’s petition for review. The BIA did not address the IJ’s seemingly inconsistent credibility findings. Nor did the IJ make a finding that Antonio engaged in “an affirmative act of help, assistance, or encouragement” of...

CA9 on Credibility: Yang v. Lynch (Superseding Opinion)

Yang v. Lynch, May 19, 2016 - "The petition for rehearing is GRANTED. The opinion filed on February 26, 2016, reported at 815 F.3d 1173, is withdrawn. A superseding opinion is filed concurrently with this order. The superseding opinion reflects the following amendments: • 815 F.3d at...

CA7 on Asylum, Credibility...and Chenery: Jimenez Ferreira v. Lynch (unpub.)

Jimenez Ferreira v. Lynch, July 12, 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 finding and (2) ignoring material documentary...