The United States Court of Appeals for the Second Circuit has just reversed an adverse credibility finding made by an Immigration Judge in New York.
The 2nd Circuit found that the IJ's reliance on the lack of a “timbre of truth” in the Alien's voice was too vague to provide support for an adverse credibility finding. The Circuit Court further found that it was improper for the IJ to discount otherwise credible testimony where the individual is both “hesitant” and “quick” in their responses. The Court also noted that the IJ failed to identify inconsistencies that would render the testimony incredible. Finally, the Court ruled that the IJ engaged in unlawful speculation when discounting corroborating evidence, and as such his evidentiary findings were fundamentally flawed. Chen v. Holder, 09-0917-ag June 28, 2010.
Score one for the little guy.