Sunday, May 28, 2006

Chavarria: BIA Mischaracterized Asylum-Seeker's Testimony

Chavarria v. Gonzales

The Third Circuit criticized the BIA for mischaracterizing the asylum-seeker's testimony in a way that made it seem less substantial than it really was.

For example, in analyzing whether certain threats were related to crimes he observed, the asylum-seeker testified how persecutors threatened him while robbing him and told him never to be seen again. This pseudo-robbery attack was similar to other politically motivated attacks on others. The BIA, however, improperly mischaracterized his testimony as saying that threats came from robbers who merely wanted to cover up the ongoing robbery. Congratulations to Tom Moseley, attorney for the asylum-seeker!


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