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Ninth Circuit· 2/23/2009

Soto-Olarte v. Holder

Citations

  • 555 F.3d 1089
  • 2009 U.S. App. LEXIS 3523
  • 2009 WL 426409

How courts have described this case

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

  • holding that “inconsistencies cannot serve as substantial evidence for a finding [of adverse credibility] . . . when neither the IJ nor the BIA addressed [the applicant’s] explanation in a reasoned manner”
  • holding that BIA must inquire about and consider the respondent’s explanations for inconsistencies
  • explaining that remand is the appropriate remedy where an adverse credibility determination rests on apparent inconsistencies that a respondent lacked adequate opportunities to address during his hearing
  • holding an adverse credibility determination was not supported by substantial evidence “[b]ecause the IJ did not offer [the petitioner] an opportunity to explain the inconsistencies on which she later relied in finding him not credible”
  • holding an adverse credibility determination was not supported by substantial evidence “[b]ecause the IJ did not offer [the petitioner] an opportunity to explain the inconsistencies on which she later relied in finding him not credible”
  • noting that this court may deem an asylum applicant credible if “[i]t is apparent from the record before us that the IJ and BIA have listed all possible reasons to support an adverse credibility determination”

Source: CourtListener parenthetical corpus (CC0).

Judges: Noonan, Fletcher, Gould

Read full opinion on CourtListener

Cited by

78 cases in this archive cite this case; the 20 most cited are listed.

Cites

27 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Soto-Olarte v. Holder

1 other CourtListener record shares this case name.

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.