Wednesday, May 11, 2005

Third Circuit affirms denial of asylum claims

The Third Circuit affirmed the denial of asylum claims in two non-precedential decisions. Both decisions included rulings by immigration judges that relied on credibility determinations. The Third Circuit applied the substantial evidence test, which seems to make it very hard for immigrants to win an appeal.

The cases are:

Drishti v. Attorney General, No. 04-1133 (3d Cir. May 11, 2005) (non-precedential): affirmed the denial of asylum to an Albanian based on evasive and exaggerated demeanor and opinon of testimony's inconsistencies.

Khan v. Attorney General, No. 04-1762 (3d Cir. May 11, 2005) (non-precedential): affirmed the denial of asylum to a Pakistani based on contradictory, evasive, and illogical answers. Also, no evidence he would be subjected to persecution.

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