(DOWNLOAD) "Lin v. Mukasey" by Seventh Circuit U.S. Court of Appeals ~ eBook PDF Kindle ePub Free

eBook details

Title: Lin v. Mukasey
Author : Seventh Circuit U.S. Court of Appeals
Release Date : January 21, 2008
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 57 KB

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This petition requires us to consider the appropriate basis for an adverse credibility determination under the REAL ID Act, Pub L. No. 109-13, 119 Stat. 231 (2005). We write to clarify that the Act, which permits an IJ to base an adverse credibility finding on, inter alia, a lack of consistency "between the applicants . . . written and oral statements[,] . . . the [in]consistency of such statements with other evidence of record . . . and any inaccuracies or falsehoods in such statements, without regard to whether an inconsistency, inaccuracy, or falsehood goes to the heart of the applicants claim," see 8 U.S.C. Â§ 1158(b)(1)(B)(iii) (emphasis added), abrogated our holding in Secaida-Rosales v. INS that "[i]nconsistencies of less than substantial importance for which a plausible explanation is offered cannot form the sole basis for an adverse credibility finding . . . especially . . . when the inconsistencies . . . concern rather matters collateral or ancillary to the [applicants] claim" for relief,331 F.3d 297, 308 (2d Cir. 2003) (internal quotation marks omitted). We conclude that, in evaluating an asylum applicants credibility, an IJ may rely on omissions and inconsistencies that do not directly relate to the applicants claim of persecution as long as the totality of the circumstances establish that the applicant is not credible.