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Right to Present Evidence Print E-mail
Tuesday, 08 July 2008

Ayi v. Gonzales - The Seventh Circuit found the immigration judge’s credibility finding to be unreasonable where the judge excluded medical evidence of torture, and other corroborating evidence.

 

Gontcharova v. Ashcroft - The court rejected the government’s “sneak attack” theory of corroboration. This case argued that the government must tell the applicant when it expects additional evidence and must give the applicant an opportunity to respond.

 

Hanaj v. Gonzales - The court rejected the immigration judge’s refusal to accept rebuttal evidence.

 

Tadesse v. Gonzales - The court found that the immigration judge violated Ms. Tadesse's right to present evidence by refusing to permit an expert witness to testify, violated her right of cross-examination by permitting a surprise forensics documents laboratory expert to testify, and erred in basing the asylum denial on minor inconsistencies and imagined implausibilites.

 
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