Tassi v. Holder, No. 10-2194

Decided: Nov. 7, 2011

The Immigration Judge denied Tassi’s asylum application due to numerous internal inconsistencies that cast doubt on her overall credibility. The Board of Immigration Appeals affirmed. The Fourth Circuit vacated and remanded, noting that the Immigration Judge made several errors. First, the Immigration Judge discredited some of Tassi’s corroborative evidence because it did not adhere to the rules of evidence; however, the Federal Rules of Evidence do not apply in immigration proceedings. Moreover, the Immigration Judge incorrectly suggested that corroborative evidence requires further corroboration. Furthermore, the Immigration Judge incorrectly rejected a letter and an affidavit relevant to Tassi’s objective fear of persecution. Finally, the Immigration Judge engaged in speculation and assumption in making the adverse credibility finding against Tassi. Accordingly, the Fourth Circuit vacated the Board of Immigration Appeals Order, and remanded for further proceedings.

Full Citation

-Sara I. Salehi

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