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· 2/21/2006

Ming Shi Xue v. Board of Immigration Appeals, U.S. Department of Justice

Citations

  • 439 F.3d 111
  • 2006 U.S. App. LEXIS 4040
  • 2006 WL 391705

How courts have described this case

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

  • holding that \an IJ may not rest an adverse credibility finding on non-dramatic putative contradictions or incongruities in an alien's narrative without first giving the applicant a chance to reconcile the testimony\
  • holding that “an IJ may not rest an adverse credibility finding on non-dramatic putative contradictions or incongruities in an alien’s narrative without first giving the applicant a chance to rec oncile the testimony”
  • explaining that where inconsistencies “are not plainly obvious,” the agency may not rely on them without first “identifying the alleged inconsistencies for 4 the applicant and giving the applicant an opportunity to address them”
  • construing Majidi to place burden on alien to explain contradictions clear on their face, but holding that IJ should afford alien opportunity to reconcile contradictions that are not “self-evident”
  • “[A]n IJ may not rest an adverse credibility finding on non-dramatic putative contradictions or incongruities in an alien’s narrative without first giving the applicant a chance to reconcile the testimony.”
  • “[B]ecause the alleged 4 inconsistency certainly is not self-evident, the IJ (or the 5 INS) should have brought it to the alien’s attention to ensure 6 that [petitioner] had an opportunity to explain why the 7 profile did not undercut his account.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Calabresi, Katzmann, Parker

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.