· 11/30/1992
Graham v. Keene Corp.
Citations
- 616 A.2d 827
- 1992 Del. LEXIS 473
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the IJ improperly speculated “about the force of the beating, the medical implications of that force, and the appropriate treatment of various injuries”
- holding that the IJ’s speculation about the “force of the beating” and “the medical implications of that force” did not support adverse credibility finding
- noting that the IJ’s perception that petitioner had a suspiciously “flat affect” was subjective but still entitled to special deference
- requiring Agency to consider and address applicant’s explanation for identified discrepancies
- “Our cases caution against relying too heavily on inconsistencies that could be attributable to simple human error or reluctance.” (citing Shrestha, 590 F.3d at 1044–45)
- implausibility finding unsupported where agency “relied on speculation about the force of the beating, the medical implications of that force, and the appropriate treatment for various injuries.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Horsey, Moore, Veasey
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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