Friday, May 25th, 2018

CA8 on corroboration, defective transcript: Omondi v. Holder

"[T]he IJ and BIA did not err in their assessment that it was reasonable to expect further corroborative evidence from Omondi to support his asylum application. Because Kamau was involved in the same arrest and detention as Omondi, it was reasonable to expect Kamau’s letter to corroborate the crux of Omondi’s account. We find that remand is warranted in this case, however, because it is not apparent from the BIA’s order whether the BIA addressed Omondi’s claim that deficiencies in the IJ hearing transcript masked his IJ hearing testimony that corroborative testimony was unavailable. We vacate the BIA’s order and remand the case for further proceedings consistent with this opinion." – Omondi v. Holder, Mar. 15, 2012.