S-M-J

Citations

• 21 I. & N. Dec. 722

Syllabus

S-M-J-, 21 I&N Dec. 722 (BIA 1997) ID 3303 (PDF) (1) General background information about a country, where available, must be included in the record as a foundation for an applicant's claim of asylum and withholding of deportation. (2) Where the record contains general country condition information and an applicant's claim relies primarily on personal experiences not reasonably subject to verification, corroborating documentary evidence of the asylum applicant's particular experience is not required but where it is reasonable to expect such corroborating evidence for certain alleged facts pertaining to the specifics of an applicant's claim, such evidence should be provided or an explanation should be given as to why such information was not presented. Matter of Dass, 20 I&N Dec. 120 (BIA 1989) Matter of Mogharrabi, 19 I&N Dec. 439 (BIA 1987), clarified. (3) The Immigration and Naturalization Service should play an active role in introducing evidence regarding current country conditions. (4) Although the burden of proof is not on the Immigration Judge, if background evidence is central to an alien's claim and the Immigration Judge relies on the country conditions in adjudicating the alien's case, the source of the Immigration Judge's knowledge of the particular country must be made part of the record.