Friday, July 24, 2009

Barrie (not precedential): Over Dissent, Upholding Asylum Denial

Barrie v. Holder
No. 08-2988
July 23, 2009
Not Precedential

Judges Sloviter, Ambro, and Stapleton. 2-1 decision. Majority opinion per curiam. Dissent by Judge Ambro.

The 2-1 majority upheld the BIA and Immigration Judge Mirlande Tadal for denying an asylum-seeker, finding the person not credible, and not considering an affidavit by the person's spouse.

Basis for adverse credibility included testifying member of an organization but written application only said a supporter of that organization and in an interview said was a supporter.

Basis for finding no past persecution -- although testified about being interrogated about politics while arrested, the written application only said questioned about identity of strike leaders. Also, IJ Tadal concluded taken into custody due to civil unrest rather than politics.

In dissent, Judge Ambro would have overturned the adverse credibility finding because many members of political parties are also supporters, so it is not a contradiction to switch between those descriptions. Also, the man had no legal representation in court and no formal education, which suggests word play could have been unfairly misleading. Judge Ambro also would have overturned the BIA for not considering his wife's affidavit.

Seems very tenuous for the majority to uphold the adverse credibility determination and very troubling problems when courts do not recognize any right to appointed counsel for the indigent in immigration court.


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8:36 AM  

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