Tuesday, August 18, 2009

Lin (not precedential): IJ Mills Makes Several Mistakes In Denying Asylum-Seeker

Lin v. Holder
No. 08-2532
Not Precedential
August 14, 2009

Judges Rendell, Greenberg, and Van Antwerpen. Per Curiam decision. Overturning the BIA and IJ Miriam K. Mills

IJ Mills and the BIA held that the asylum-seeker was not believable for any of six grounds (three about credibility and three about corroboration). The Third Circuit held that IJ Mills's reliance on each of the six grounds lacked support or had major problems.

Examples of IJ Mills's mistakes include: mistaking the asylum-seeker's testimony that she usually handed out flyers on Tuesdays as meaning that she never handed out flyers on any other day; faulting the asylum-seeker for not having a Chinese calendar on-hand to respond to the IJ's unexpected question about days of the week and the Chinese calendar; mistakenly relying on statements in an airport interview for which there was no evidence other than a government's lawyer commentary on what happened at the interview; faulting the asylum-seeker for not having a letter from her aunt despite an explanation that the aunt suffered a stroke and could not speak or write. There were more mistakes that I'm not trying to summarize here. So little time, so many errors...

The Third Circuit also noted that where an IJ takes over direct examination and examines aggressively, it sometimes could require overturning the IJ's ruling, but that IJ Mills's conduct in this case did not show enough intemperance or partiality to require overturning the IJ here.


Post a Comment

<< Home