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Skhvitaridze v. Holder

October 28, 2009

**Credibility, corroborating evidence**

Having found petitioner credible, the IJ erred in requiring corroborating evidence (under Ladha v. INS, 215 F.3d 889, 901 (9th Cir.2000))  and that the error was not harmless.  The corroborating evidence related to some of Skhvitaridze’s most compelling testimony. In finding that Skhvitaridze’s fear of persecution was not objectively reasonable, the IJ pointed to the changed country conditions in Georgia. However, the IJ failed to give full consideration to Skhvitaridze’s testimony.  A remand is necessary to determine whether, giving full weight to Skhvitaridze’s credible testimony, Skhvitaridze has an objective fear of persecution.

http://www.ca9.uscourts.gov/datastore/memoranda/2009/10/28/05-74358.pdf

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