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Dimitrov v. Holder

September 20, 2009

** Credibility**

The BIA erred in finding Dimitrov incredible. First, it is not implausible that Dimitrov did not speak the Roma language– evidence that some Bulgarian Gypsies speak
Roma, such as that found in the State Department reports, does not contract Dimitrov’s testimony that some do not. And nevertheless, the Country Report also states that “Romani children and ethnic Bulgarian children generally attended separate schools.” Dimitrov also explained that his parents avoided speaking the Roma language with him at home and sent him to a Bulgarian school. The BIA additionally erred in doubting his account of his condition after he was beaten. The differences between the medical certificate reporting his condition and his testimony were not contradictions but were due to “emphasis, phrasing or degree of severity.” Further, the BIA mischaracterized Dimitrov’s testimony as “vague”; he supplied a detailed narrative.

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