A-S

Citations

• 21 I. & N. Dec. 1106

Syllabus

A-S-, 21 I&N Dec. 1106 (BIA 1998) ID 3336 (PDF) (1) Although the Board of Immigration Appeals has de novo review authority, the Board accords deference to an Immigration Judge's findings concerning credibility and credibility-related issues. (2) The Board of Immigration Appeals defers to an adverse credibility finding based upon inconsistencies and omissions regarding events central to an alien's asylum claim where a review of the record reveals that (1) the discrepancies and omissions described by the Immigration Judge are actually present (2) these discrepancies and omissions provide specific and cogent reasons to conclude that the alien provided incredible testimony and (3) a convincing explanation for the discrepancies and omissions has not been supplied by the alien. (3) Since an Immigration Judge is in the unique position to observe the testimony of an alien, a credibility finding which is supported by a reasonable adverse inference drawn from an alien's demeanor generally should be accorded a high degree of deference, especially where such inference is supported by specific and cogent reasons for doubting the veracity of the substance of the alien's testimony.