Russell Abrutyn

Abrutyn Law PLLC

3765 12 Mile Road

Berkley, MI 48072


Wednesday, January 6, 2010

Court rejects many findings, affirms adverse credibility finding

http://www.ca6.uscourts.gov/opinions.pdf/10a0011n-06.pdf

Another decision highlighting the difficulty of successfully challenging an adverse credibility determination.  The Court rejected 10 of the Immigration Judge's 15 findings supporting an adverse credibility determination but concluded that the remaining 5 were sufficient to affirm the determination. 

Other circuits have remanded if the court could not state with confidence that the Immigration Judge would reach the same decision in the absence of the erroneous findings.

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