Gabuniya: Judge Ferlise Again Overturned on Asylum Credibility
Gabuniya v. Gonzales, No. 05-3339, (3d Cir. Sept. 19, 2006) (precedential)
http://www.ca3.uscourts.gov/opinarch/053339p.pdf
The Third Circuit again overturned the BIA and Judge Ferlise in an asylum case where Judge Ferlise concluded the asylum-seeker was not credible. This time, the Third Circuit wrote that "We note with concern the IJ's dogged determination to make an adverse credibility finding by stringing together whatever insignificant inconsistencies he could unearth from the testimony and bolstering them with his own unsupported conjecture." Here, irrelevant discrepancies were whether his wife died on 8/5 or died as a direct result of injuries sustained that day, misstated an arrest date but quickly corrected himself, said his arm rather than elbow was hurt in one incident, and speculated that police would hold someone for much longer than 8 hours if they tried to coerce a false confession.
On another note, if the BIA ignores its procedure and gives no reason for denying a motion to remand, that's reversible error. Kortynyuk v. Ashcroft, 396 F.3d 272, 293 (3d Cir. 2005).
http://www.ca3.uscourts.gov/opinarch/053339p.pdf
The Third Circuit again overturned the BIA and Judge Ferlise in an asylum case where Judge Ferlise concluded the asylum-seeker was not credible. This time, the Third Circuit wrote that "We note with concern the IJ's dogged determination to make an adverse credibility finding by stringing together whatever insignificant inconsistencies he could unearth from the testimony and bolstering them with his own unsupported conjecture." Here, irrelevant discrepancies were whether his wife died on 8/5 or died as a direct result of injuries sustained that day, misstated an arrest date but quickly corrected himself, said his arm rather than elbow was hurt in one incident, and speculated that police would hold someone for much longer than 8 hours if they tried to coerce a false confession.
On another note, if the BIA ignores its procedure and gives no reason for denying a motion to remand, that's reversible error. Kortynyuk v. Ashcroft, 396 F.3d 272, 293 (3d Cir. 2005).
posted by Rex at 1:42 PM
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