Martinez Fernandez, Edwin v. Qmc Telecom LLC

How courts have described this case

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

• finding error where BIA “impl[ied]” a credibility finding after the IJ “failed to make a sufficient credibility determination”
• an implicit credibility observation made in passing does not constitute a credibility finding
• one reviewing a cold transcript “is simply unable to distill the dynamics of an interview, observe whether words were interpreted properly, whether there was hesitation or whether the supposed inconsistency . . . was a matter of misinterpretation, confusion, or a true inconsistency”
• “Minor inconsistencies in the record that do not relate to the basis of an applicant’s alleged fear of persecution, go to the heart of the asylum claim, or reveal anything about an asylum applicant’s fear for his safety are insufficient to support an adverse credibility finding.”
• credibility findings must be sufficient for review

Source: CourtListener parenthetical corpus (CC0).