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General Immigration 1st Cir rejects adverse credibility, but affirms on "implicit" alternate no past persecution ground | 1st Cir rejects adverse credibility, but affirms on "implicit" alternate no past persecution ground |
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| Thursday, 10 July 2008 | |||||||||||||||
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Wiratama v. Mukasey (1st Cir. 7/9/08) CUDAHY Lynch Torruella The 1st Cir first overturned the IJ's adverse credibility finding - holding that the IJ improperly lept from an immaterial contradiction that didn't really exist anyway, to an adverse credibility finding. The Court found that substantial evidence didn't support that finding. However, the CtApp affirmed on an alternate ground. CtApp acknowledged that the alternate ground had to be decided by the agency, per Chenery. However, it found an "implicit" alternate ground in the IJ's decision, that past mistreatment didn't rise to the level of persecution. It found most mistreatment was mere harassment; and that incidents were isolated. Also, evidence tended to undercut his fears, i.e., his parents still reside in Indonesia and he returned there after departing.
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