Yu v. Holder
September 29, 2009
IJ’s adverse credibility determination supported by substantial evidence where Yu admitted post-entry immigration fraud. Since the IJ had this reason to question Yu’s credibility, she could require corroborating evidence. Yu has not shown that the evidence he presented compelled a contrary conclusion. In the absence of credible testimony, Yu failed to establish eligibility for asylum or withholding of removal. His CAT claim also fails because it is based on the same incredible testimony and there is other evidence supporting a claim under CAT. Regarding Yu’s due process claim, it was not exhausted before the BIA.
http://www.ca9.uscourts.gov/datastore/memoranda/2009/09/29/05-73219.pdf
No comments yet
newimmigrationcases
