| 8th cir defers to IJ / BIA factfinding re conditional resident, asylum |
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| Monday, 28 July 2008 | |||||
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Hassen v. Mukasey (8th Cir. 7.25.08) WOLLMAN Murphy Smith The Petitioner sought to remove the conditions on her LPR status (married to USC), but they lived apart much more than they lived together, and seemed possibly involved with other people (though both deny it). Govt had BoP that it was a sham marriage. CtApp found that facts didn't compel a contrary finding, even if the alternate explanations were not impossible: "Hassen and Ali acknowledge that the marriage has been rocky since Ali moved to Wisconsin, but they argue that it was entered into in good faith. Hassen contends that they are trying to establish themselves financially before establishing a home together and that in their culture, similar arrangements are not uncommon. Although not beyond the realm of the possible, Hassen’s explanations are not so strong that any reasonable fact-finder would be compelled to accept them." She also sought asylum - denied on credibility grounds, based on alleged inconsistencies with visa app (where she didn't say that she was hiding for 2 years). Again, evidence didn't compel alternate conclusion.
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