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· 6/28/2006

Li Hua Lin v. United States Department of Justice Alberto R. Gonzales, Attorney General

Citations

  • 453 F.3d 99
  • 2006 WL 1755289

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that courts give “particular deference” to “adjudicator’s observation of the applicant’s demeanor” (internal quotation marks omitted)
  • recognizing that adverse credibility determination may be based in part on a finding “that the applicant is testifying from a script rather than from experience”
  • holding that remand is not required where we can confidently predict that “the agency would reach the same result” absent the alleged error
  • holding that there is no due process violation where the IJ’s finding was not arbitrary and the alien was not denied a full and fair opportunity to present her claims
  • observing that demeanor findings are more reliable when supported by “specific examples of inconsistent testimony”
  • finding that remand was necessary where an error involved a finding that the IJ labeled “the most critical issue here”

Source: CourtListener parenthetical corpus (CC0).

Judges: Calabresi, Cabranes, Pooler

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.