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Court Upholds Asylum Denial Where Chinese Petitioner Claimed to Fear Persecution Based on Religion

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.

Get Representation in Asylum Hearings as Court just ruled against Applicant

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.

Seems the Immigration Judge might have been predisposed to rule against applicant

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.

CA6 Upholds Asylum Denial Due to Adverse Credibility Determination

The court found there was substantial evidence that the petitioner lacked credibility in one key part of his asylum testimony, though it noted the BIA’s decision erred in a number of its other findings regarding credibility.

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