Tuesday, August 22, 2006

Credibility Findings Arbitrary. While an appellate court rarely overturns credibility findings in Zhu v. Gonzalez it did so. The Immigration Judge found an alien seeking asylum was not credible because her testimony was contradicted by a statement made by her husband, which itself was contradicted by another, neither of which were subject to cross-examination. The Board of Immigration Appeals affirmed the Immigration Judge's opinion. The Court, in vacating and remanding, the decision, sould not understand "from the record, why the [immigration judge] would conlcude that, on the one hand, [the husband, who had come to the United States earlier] had 'no reason to lie or make up a claim' and that his asylum application was therefore reliable but that, on the other hand, [the wife, the petitioner in this case] was fabricating her version."

The decision can be found here.

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