Wednesday, March 10, 2010

Tang (not precedential): Overturning Adverse Credibility Determination Where Photo Did Not Show Entire Room

Tang v. Holder
No. 08-2586
November 20, 2009
Not Precedential

Judges McKee, Nygaard, Roth. Per Curiam decision. Overturning the BIA and IJ Miriam K. Mills.

The IJ's adverse credibility determination was not supported by adequate evidence. For example, Mr. Tang claimed that a photo of a clandestine church was taken at the location of the church, which was in a single family residence. The IJ concluded it was not in any single family residence and instead seemed to show an auditorium-sized facility. However, the photo did not show the whole room so it was improper to assume the part outside the shot was auditorium-sized. Also, Mr. Tang testified about how houses in his hometown were large.


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