- Court: 9th Circuit Court of Appeals Archives
- Area(s) of Law: Immigration
- Date Filed: 10-19-2022
- Case #: 16-70543
- Judge(s)/Court Below: Cardone, D.J. for the Court; Tashima, C.J.; & Kenneth, C.J.;
- Full Text Opinion
Plaintiff was denied asylum based on claims of religious persecution when an Immigration Judge (IJ) found his testimony was not credible. Plaintiff petitioned for review the IJ’s denial of his asylum and withholding of removal claims, assigning error to the IJ's credibility determination. On appeal, Plaintiff argued that there was substantial evidence to prove his testimony was credible. In response, this Court reviewed the IJ’s credibility determination. A credibility determination for an asylum application may be based on the “the demeanor, candor, or responsiveness of the applicant or witness.” See 8 U.S.C. §1158(b)(1)(B)(iii). The Court reasoned that, because there were inconsistencies in Plaintiff's testimony, such as the number of times he was interrogated, the intensity of his injuries, and a suspicious household registration document, there was evidence to support the testimony credibility termination. Petition for review denied.