Wednesday, January 18th, 2017

CA11 on Credibility: Wu v. U.S. Attorney General

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"[T]he IJ’s repeated references that Wu’s story “just seems suspicious to me” or “just seems implausible to me” evince a determination made on personal perception or whim, not evidence. ... Our review of the record reveals no evidence to support the IJ’s suspicious view of Wu’s story. ... In the absence of evidence to support it, an IJ’s bald assertion that a given account is implausible does not necessarily make it so. Thus, and though the substantial evidence standard greatly constrains our examination of the IJ’s findings, even its yoke does not bind us where, as here, the IJ’s conclusion fairly appears to have been invented out of whole cloth. ... In the absence of any finding as to Wu’s demeanor, the consistency of her statements, or some other individualized reason for questioning her credibility, we cannot say that the IJ’s adverse-credibility determination was supported by “specific, cogent