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9th Cir: asylee's return home can undermine credibility Print E-mail
Tuesday, 08 July 2008

Loho v. Mukasey (9th Cir. 7/8/08)

O'SCANNLAIN, Graber, Gibson (8th)

The 9th Cir held that an asylee's return to their country of origin can be a grounds for making an adverse credibility finding in their case.  The return home "inherently undermines her testimony that she experienced past suffering or that she feared returning home." [this seems a bit overboard, no? - CR]

Accord, Tarraf v. Gonzales, 495 F.3d 525, 530, 534 (7th Cir. 2007); Jean v. Gonzales, 461 F.3d 87, 89, 91 (1st Cir. 2006).

Read opinion here: 

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