Russell Abrutyn

Abrutyn Law PLLC

3765 12 Mile Road

Berkley, MI 48072

Thursday, November 19, 2009

Pair of unpublished asylum decisions

In this pair of unpublished decisions, the court affirmed the BIA's denial of asylum and withholding of removal.  In Toure, the court rejected one of the two reasons given in support of an adverse credibility finding.  The court found that an inconsistency relating to whether the alien sign or did not sign a document stating that he was not tortured is "minor and irrelevant" and was not used to enhance his claim.  Nevertheless, the court was highly deferential to the Immigration Judge's conclusion and upheld the adverse credibility determination after rejecting half of the basis for that determination.

Both decisions discuss the level of harm necessary to show persecution.

U.S. v. Magoti

In this unpublished decision, the court affirmed convictions for making or using a false writing or document, and willfully making a false, fictitious, or fraudulent statement to the government.  The charges arose from the defendant's backdating of an I-9 form and her false statements to ICE officers when she turned over this form.