Posted on January 24, 2021 by sethlerner1964
Posted on October 14, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Sixth Circuit found that the IJ’s adverse credibility determination was supported by substantial evidence, and that the petitioner, who claimed that her Christian beliefs would subject her to persecution if she was removed to China, had not presented evidence or any argument that would compel a reasonable adjudicator to disagree with the IJ’s finding. The court also rejected her due process claims, noting that because none of the alleged violations affected the outcome of her asylum claim, she did not suffer any prejudice.
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https://californiaimmigration.us/circuit-court-of-appeal-reverses-bia-denial-of-asylum/
Filed under: Immigration Attorney | Tagged: Adverse Credibility, asylum | Leave a comment »
Posted on September 26, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit held that the REAL ID Act permits the Board of Immigration Appeals (BIA) and Immigration Judges (IJs) to base their adverse credibility determinations exclusively on background evidence in the record, upon consideration of the totality of the circumstances and all relevant factors. As such, the court upheld the BIA’s denial of the petitioner’s asylum claims, finding that the BIA and the IJ’s adverse credibility determination, which was based solely on a report from Amnesty International, was supported by substantial evidence.
Filed under: Immigration Attorney | Tagged: Adverse Credibility, BIA, board of immigration appeals, IJ, Immigration Judges, ninth circuit | Leave a comment »
Posted on September 26, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit held that the REAL ID Act permits the Board of Immigration Appeals (BIA) and Immigration Judges (IJs) to base their adverse credibility determinations exclusively on background evidence in the record, upon consideration of the totality of the circumstances and all relevant factors. As such, the court upheld the BIA’s denial of the petitioner’s asylum claims, finding that the BIA and the IJ’s adverse credibility determination, which was based solely on a report from Amnesty International, was supported by substantial evidence
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Filed under: asylum | Tagged: Adverse Credibility, asylee, asylum, Asylum Applicants, Asylum Application, asylum attorney, asylum officer, BIA, board of immigration appeals, IJ, Immigration Judges, ninth circuit | Leave a comment »
Posted on August 5, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The First Circuit vacated the Board of Immigration Appeals’ order denying the petitioner’s asylum claim and remanded for reconsideration of the credibility determination, finding that purported omissions and discrepancies upon which the Immigration Judge based an adverse credibility determination were consistently present in the record.
Filed under: Immigration Attorney | Tagged: Adverse Credibility, asylum, BIA, board of immigration appeals, first cirucit, Immigration Judges | Leave a comment »
Posted on January 24, 2012 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 