Wednesday, April 09, 2014

Huang v. Holder (9th Cir. - March 12, 2014)

It's true that the Ninth Circuit is a pretty favorable forum for those who seek asylum.  But the next time someone tells you that immigration judges can never get their adverse credibility findings affirmed by this tribunal, show 'em this opinion.

There wasn't much upon which to base an adverse credibility finding.  Not much at all.  But the panel unanimously finds the record here sufficient.

I'm sure other judges on the Ninth Circuit would disagree.  But it doesn't matter.  They're not on the panel.

So don't be thinking that the Ninth Circuit is uniformly one way or the other.  It's not.  Yes, you've got some cases where the Ninth Circuit makes it very tough on immigration judges.

And then you've got cases like this one.