Appellate Law

CA1: IJ gets credibility determinations wrong, BIA affirmed

By S. COTUS

Ly v. Mukasey, No. 07-2186 denies a petition for review of a Cambodian that claims to have been a member of the wrong political party.  The IJ seems to have gone all out holding, that 1) the petition was untimely; 2) there accounts of persecution were not credible; and 3) if they were credible they weren?t persecution.  The First says it doesn?t have jurisdiction over the timing issue.  It castigates the IJ for screwing up the credibility determination (i.e. ignoring the context of inconsistences).  However, the First does uphold the conclusion that she wouldn?t be persecuted if she returned to Cambodia.

Full post as published by Appellate Law and Practice on April 24, 2008 (boomark / email).