· 1/5/2010
Shrestha v. Holder
Citations
- 590 F.3d 1034
- 2010 U.S. App. LEXIS 138
- 2010 WL 10982
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that ignoring “relevant record evidence would be to make a credibility determination on less than the total circumstances in contravention of the REAL ID Act’s text.”
- holding that IJ should consider petitioner’s explanation for a perceived inconsistency to “shed[ ] light on whether there is in fact an inconsistency at all”
- holding that an adverse credibility determination under the REAL ID Act must take into account “the totality of the circumstances, and all relevant factors”
- holding that “when an inconsistency is at the heart of the claim it doubtless is of great weight”
- recognizing that “the normal limits of human understanding” may make some inconsistencies present in any case
- holding that an immigration judge “should consider . . . the petitioner’s explanation for a perceived inconsistency”
Source: CourtListener parenthetical corpus (CC0).
Judges: Gould, Tallman, Benitez
Read full opinion on CourtListenerSourced 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.