Thursday, May 24th, 2018

CA4 on Credibility, Discrepancies: Bassanguen v. Holder (Unpub.)

"…remand is necessary to allow the IJ and the BIA to reassess Bassanguen’s credibility under the totality of the circumstances, without regard to this single discrepancy."

DAVIS, Circuit Judge, concurring in the judgment: "I agree that the record compels us to grant the petition for review, although I would not attempt to cabin the remand for further review of Bassanguen’s claims with the same parsimoniousness invoked by the majority.  Indeed, it is unlikely that I would vote to grant the petition for review on the sole basis identified by the majority.  Thus, as I set forth herein, I believe the record discloses several distinct but interrelated deficiencies in the IJ's adverse credibility determination, embraced by the Board, that together entitle Bassanguen to a remand.  In short, as the case comes to us on the reasoning of the agency, the record does not rationally support the adverse credibility determination and the case requires