(Non-asylum
specific)
CREDIBILITY
The
provisions of the “REAL ID Act of 2005" apply to the respondent’s
application as it was filed on or after May 11, 2005.
Sections
240(c)(4)(B) and (C) of the Act state as follows:
(B)
Sustaining burden - The applicant must comply with the applicable
requirements to submit information or documentation in support of
the applicant's application for relief or protection as provided by
law or by regulation or in the instructions for the application form.
In evaluating the testimony of the applicant or other witness in support
of the application, the immigration judge will determine whether or
not the testimony is credible, is persuasive, and refers to specific
facts sufficient to demonstrate that the applicant has satisfied the
applicant's burden of proof. In determining whether the applicant
has met such burden, the immigration judge shall weigh the credible
testimony along with other evidence of record. Where the immigration
judge determines that the applicant should provide evidence which
corroborates otherwise credible testimony, such evidence must be provided
unless the applicant demonstrates that the applicant does not have
the evidence and cannot reasonably obtain the evidence.
(C)
Credibility determination - Considering the totality of the circumstances,
and all relevant factors, the immigration judge may base a credibility
determination on the demeanor, candor, or responsiveness of the applicant
or witness, the inherent plausibility of the applicant's or witness's
account, the consistency between the applicant's or witness's written
and oral statements (whenever made and whether or not under oath,
and considering the circumstances under which the statements were
made), the internal consistency of each such statement, the consistency
of such statements with other evidence of record (including the reports
of the Department of State on country conditions), and any inaccuracies
or falsehoods in such statements, without regard to whether an inconsistency,
inaccuracy, or falsehood goes to the heart of the applicant's claim,
or any other relevant factor. There is no presumption of credibility,
however, if no adverse credibility determination is explicitly made,
the applicant or witness shall have a rebuttable presumption of credibility
on appeal.
(Asylum
specific)
CREDIBILITY
The
provisions of the “REAL ID Act of 2005" apply to the respondent’s
application as it was filed on or after May 11, 2005.
Sections
208(b)(1)(B)(ii) and (iii) state as follows:
(ii)
Sustaining burden
- The testimony of the applicant may be sufficient to sustain
the applicant's burden without corroboration, but only if the applicant
satisfies the trier of fact that the applicant's testimony is credible,
is persuasive, and refers to specific facts sufficient to demonstrate
that the applicant is a refugee. In determining whether the applicant
has met the applicant's burden, the trier of fact may weigh the credible
testimony along with other evidence of record. Where the trier of
fact determines that the applicant should provide evidence that corroborates
otherwise credible testimony, such evidence must be provided unless
the applicant does not have the evidence and cannot reasonably obtain
the evidence.
(iii)
Credibility determination
- Considering the totality of the circumstances, and all relevant
factors, a trier of fact may base a credibility determination on the
demeanor, candor, or responsiveness of the applicant or witness, the
inherent plausibility of the applicant's or witness's account, the
consistency between the applicant's or witness's written and oral
statements (whenever made and whether or not under oath, and considering
the circumstances under which the statements were made), the internal
consistency of each such statement, the consistency of such statements
with other evidence of record (including the reports of the Department
of State on country conditions), and any inaccuracies or falsehoods
in such statements, without regard to whether an inconsistency, inaccuracy,
or falsehood goes to the heart of the applicant's claim, or any other
relevant factor. There is no presumption of credibility, however,
if no adverse credibility determination is explicitly made, the applicant
or witness shall have a rebuttable presumption of credibility on appeal.
Additional Resources:
See the Circuit Credibility Outline (Intranet) on the Legal Resources Page
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