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Matthew Kolken on Deportation And Removal

Second Circuit overturns IJ's Adverse Credibility Finding

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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.


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Comments

  1. Marc Seguinot's Avatar
    Matthew, two very "right" decisions you report on. With regard to the 2nd Circuit's decision, the same principle should apply to premature comments made by judges in both master and merits hearings that prejudice the case and give ammunition to the OCC to raise before the IJ. I have found that some IJ's do not know how to control themselves leading to very poor judicial temperment. For example, one IJ, while commenting on an alien's relief at a master, blurts out, "Well, I don't know how this person will show any hardship." Hmmmm,comments such as this are bias, and surely lean on the side of the government where any judge, whether IJ, state or federal, is required to show control regarding his personal bias about a case. At the very least, wait until the person has testified and the case is over to make a statement, yes? I keep wondering where do they get these people for these positions. Well, you and I know, eh? Take care and I do enjoy reading your blog.
  2. Matthew Kolken's Avatar
    Thank you Marc!
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