Koulibaly v. Mukasey (6th Cir., 9/4/08, No. 07-3743)

GIBBONS, Kennedy, Gilman

     Petitioner, a citizen of Guinea, applied for asylum/withholding/CAT based on past persecution, including her treatment by Guinea police and the disappearance of her husband. 

     The 6th Cir. reviewed the BIA's adoption of the IJ's finding of lack of credibility and determined that the Assessment to Refer by the Asylum Officer lacked sufficient indicia of reliability to support an adverse credibility determination.  Factors to consider in weighing the Assessment include: indication of an oath, language of interview noted, rendition of interview in question and answer format, and detail of the contemporaneous notes; these factors could be butressed at the IJ hearing by asking the Respondent about the accuracy of the Assessment notes and the opportunity to explain any discrepancies. 

     The 6th Cir. then went on to analyze the specific facts that the BIA determined showed a lack of credibility and found that substantial evidence did not support the finding of lack of credibility.  The court granted the petition for review, vacated the BIA judgment, and remanded the case for further consideration.

Read opinion here

Comments

Add New Search

Write comment
Name:
Email:	do not notifynotify
Website:
Title:
UBBCode:	-color-aquablackbluefuchsiagraygreenlimemaroonnavyolivepurpleredsilvertealwhiteyellow -size-tinysmallmediumlargehuge
	Please input the anti-spam code that you can read in the image.

Powered by !JoomlaComment 3.12

Copyright (C) 2007 Alain Georgette / Copyright (C) 2006 Frantisek Hliva. All rights reserved.