· 1/5/2006
Selemawit F. Giday v. Alberto R. Gonzales
Citations
- 434 F.3d 543
- 2006 U.S. App. LEXIS 127
- 2006 WL 20812
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- observing that it is error of law for IJ to deny relief based on assumption that refugee can escape persecution through bribery
- noting that an adverse credibility deter- mination cannot be reversed simply because this court would conclude that a positive credibility finding was supported by substantial evidence
- remanding when three out of the four inconsistencies the IJ found were not material
- “[I]t seems unlikely that the immigration judge would make the same credibility determination based on one inconsistency rather than the four he originally noted.”
- “An immigration judge, unlike an Article III judge, is not merely the fact-finder and adjudicator but also has an obligation to establish the record.”
- “[I]t seems unlikely that the immigration judge would make the same credibility determination based on one No. 05-3951 11 inconsistency rather than the four he originally noted.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Posner, Manion, Rovner
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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