Mistakes Were Made

I recently prepared an asylum case for a married lesbian woman. The case was complicated by the fact that my client had multiple nationalities, and I was concerned about one country where she held citizenship, and where conditions were less bad for LGBT people (at least when compared with her other countries of nationality). My focus was on gathering evidence about country conditions to support her claim, and I forgot to look at another key aspect of the case–my client’s wife had a pending asylum application of her own.

As these things often go, I was reviewing the case prior to the Immigration Court hearing when I noticed the issue. I spoke to my client and learned that the wife’s case included information that would have been helpful for my client’s case. So now I had a dilemma: Should we amend our case at the last minute and risk harming my client’s credibility (when she tried to explain the change) or say nothing and forgo the opportunity to include helpful evidence? (more…)

A Tale of Two Murders: Laken Riley and George Floyd

The murder of Laken Riley–a promising young nursing student–has spurred renewed calls for a crackdown against illegal migration into our country. Ms. Riley was allegedly killed by a Venezuelan man who entered the United States at the Southern border in September 2022. 

In response to the killing, Republicans hammered the Biden Administration’s border policy: “Innocent Americans from Laken Riley in Georgia to the 14-year-old rape victim of an illegal immigrant in our home state of Louisiana…. They’ve all been victimized by those whom the Biden administration has released into our country,” says Speaker of the House Mike Johnson.

While there are instances of people crossing the border and then committing crimes, blaming all migrants for the bad acts of a very few is unfair and intellectually dishonest. That’s because immigrants–including “illegal” immigrants–improve our country in many ways and actually save the lives of many Americans each year. (more…)

To Win Asylum, Consistency Is Key

It’s nearly impossible to win an asylum case if the Asylum Officer or Immigration Judge does not believe your story. But how do decision-makers determine whether an applicant is telling the truth or lying? In other words, how do they decide whether the applicant is credible?

There are a number of methods to evaluate credibility: Whether the applicant’s story is plausible (i.e., whether it makes sense in the context of country conditions), whether the person can describe details that we would expect her to know (for example, if she was a political activists, she should know something about her political party), and whether the applicant’s statement is consistent with the other evidence and testimony in the case. Today, I want to discuss “consistency,” since inconsistent statements are probably the most common basis for concluding that an applicant is not credible. (more…)