Board of Immigration Appeals finds that Immigration Judge can look at immigrant's statements in different proceedings!

October 7, 2015

Matter of R-K-K-, Respondent Decided September 8, 2015 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals


(1) Significant similarities between statements submitted by applicants in different proceedings can be considered by an Immigration Judge in making an adverse credibility determination if certain procedural steps are undertaken to preserve the fairness of the proceedings.


(2) When relying on inter-proceeding similarities, the Immigration Judge should give the applicant meaningful notice of the similarities and a reasonable opportunity to explain them prior to making a credibility determination that is based on the totality of the circumstances. 


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