Shea v. Kirkegard

How courts have described this case

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

• concluding that the particular inconsistencies and omissions the agency relied on for its supported credibility determination did not meet the heightened requirements for a frivolousness finding
• holding that the agency permissibly relied on petitioner’s airport statements as part of adverse credibility determination when the interview was transcribed, and petitioner was provided an interpreter and had an opportunity to clarify her answers
• noting that discrepancies supporting an adverse credibility finding do not necessarily demonstrate that the respondent filed a frivolous asylum application
• explaining that the IJ could use airport interview transcript to impeach alien’s testimony because an interpreter was present and alien was given opportunity to clarify her answers
• stating that “frivolousness must be proven by a preponderance of the evidence”
• “[F]rivolousness must be proven by a preponderance of the evidence . . . .”

Source: CourtListener parenthetical corpus (CC0).