· 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 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.