In re Y-I-M

26 Cited authorities

Anderson v. Bessemer City
470 U.S. 564 (1985) Cited 11,005 times 6 Legal Analyses
Holding that a factfinder's choice between two permissible views of the evidence cannot be clearly erroneous
Paul v. Gonzales
444 F.3d 148 (2d Cir. 2006) Cited 2,759 times
Holding that adverse credibility determination as to claim of past harm does not preclude claim premised on future harm, "so long as the factual predicate of the applicant's claim . . . is independent of the testimony that the IJ found not to be credible"
Xiao Ji Chen v. United States Department of Justice
471 F.3d 315 (2d Cir. 2006) Cited 2,079 times
Holding that determination of the weight of evidence is largely a matter of agency discretion
Xiu Xia Lin v. Mukasey
534 F.3d 162 (2d Cir. 2008) Cited 1,785 times
Holding that "cumulative effect of . . . inconsistencies reasonably could have affected the IJ's evaluation of . . . credibility"
Majidi v. Gonzales
430 F.3d 77 (2d Cir. 2005) Cited 1,860 times
Holding "petitioner must do more than offer a plausible explanation for his inconsistent statements . . . he must demonstrate that a reasonable fact-finder would be compelled to credit his testimony."
Gao v. Sessions
891 F.3d 67 (2d Cir. 2018) Cited 578 times
Holding that "in general omissions are less probative of credibility than inconsistencies created by direct contradictions in evidence and testimony"
Biao Yang v. Gonzales
496 F.3d 268 (2d Cir. 2007) Cited 823 times
Holding that an IJ may rely on lack of corroborative evidence when the petitioner's credibility "has already been called into question"
Rizk v. Holder
629 F.3d 1083 (9th Cir. 2011) Cited 531 times
Holding that an IJ must "provide[] a specific, cogent reason for disbelieving the alien's rationalization" of an apparent inconsistency
Garcia v. Holder
749 F.3d 785 (9th Cir. 2014) Cited 342 times
Holding that the petitioner's documentary evidence was insufficient to rehabilitate or independently establish eligibility for petitioner's claim
Xian Tuan Ye v. Department of Homeland Security
446 F.3d 289 (2d Cir. 2006) Cited 388 times
Holding that a "material inconsistency in an aspect of [applicant's] story that served as an example of the very persecution from which he sought asylum . . . afforded substantial evidence to support the adverse credibility finding"
Section 1158 - Asylum
8 U.S.C. § 1158 Cited 10,758 times 7 Legal Analyses
Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"
Section 1229a - Removal proceedings
8 U.S.C. § 1229a Cited 6,463 times 8 Legal Analyses
Granting a noncitizen the right to file one motion to reopen and providing that “the motion to reopen shall be filed within 90 days of the date of entry of a final administrative order of removal”

In re Y-I-M

26 Cited authorities

Holding that a factfinder's choice between two permissible views of the evidence cannot be clearly erroneous

Holding that adverse credibility determination as to claim of past harm does not preclude claim premised on future harm, "so long as the factual predicate of the applicant's claim . . . is independent of the testimony that the IJ found not to be credible"

Holding that determination of the weight of evidence is largely a matter of agency discretion

Holding that "cumulative effect of . . . inconsistencies reasonably could have affected the IJ's evaluation of . . . credibility"

Holding "petitioner must do more than offer a plausible explanation for his inconsistent statements . . . he must demonstrate that a reasonable fact-finder would be compelled to credit his testimony."

Holding that "in general omissions are less probative of credibility than inconsistencies created by direct contradictions in evidence and testimony"

Holding that an IJ may rely on lack of corroborative evidence when the petitioner's credibility "has already been called into question"

Holding that an IJ must "provide[] a specific, cogent reason for disbelieving the alien's rationalization" of an apparent inconsistency

Holding that the petitioner's documentary evidence was insufficient to rehabilitate or independently establish eligibility for petitioner's claim

Holding that a "material inconsistency in an aspect of [applicant's] story that served as an example of the very persecution from which he sought asylum . . . afforded substantial evidence to support the adverse credibility finding"

Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"

Granting a noncitizen the right to file one motion to reopen and providing that “the motion to reopen shall be filed within 90 days of the date of entry of a final administrative order of removal”