Wolcott v. Diaz

How courts have described this case

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

• recognizing that the omission of a beating from a corroborating letter that discussed other post-arrest events is evidence relevant to a credibility finding
• holding that agency may rely on even non-material omissions, but probative value of omissions is greater where there is resulting inconsistency
• holding that “an omission by a third party may form a basis for an adverse credibility determination”
• holding that the “probative value” of omissions “depends on whether those facts are ones the witness would reasonably have been expected to disclose”
• holding that “in general omissions are less probative of credibility than inconsistencies created by direct contradictions in evidence and testimony” (internal quotation marks omitted)
• recognizing that “because we cannot confidently predict that the IJ would have adhered to her determination absent the other errors we have identified, remand is warranted”

Source: CourtListener parenthetical corpus (CC0).