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?

Read more

What If Joe Biden’s Accuser Was Held to the Same Standard as Witnesses in Immigration Court?

In 1993, Tara Reade was a legislative aid for then-Senator Joe Biden. In 2019, she went public with an allegation that Mr. Biden “used to put his hand on my shoulder and run his finger up my neck.” She says she complained about the behavior after it happened, but then faced retaliation, which caused her … Read more

Neuroscience, Memory, and Credibility in Immigration Court

This article is by Aldis Petriceks of Harvard Medical School, Erin Shortell of Harvard Law School, and Dr. Francis X. Shen, JD, PhD. Executive Director, Massachusetts General Hospital Center for Law, Brain, and Behavior; Instructor in Psychology, Harvard Medical School; Senior Fellow in Law and Applied Neuroscience, Harvard Law School Petrie-Flom Center. The success of … Read more

The Credibility Trap

One of the most disheartening phrases to hear at an asylum interview is when the Officer says, “Government records indicate that…” This usually means the government has information contradicting the applicant’s testimony. Here are a few examples from a couple recent interviews I attended: Government records indicate that you applied for a visa from a … Read more

When Lawyers Lie

The case of Detroit-area immigration lawyer David Wenger has been in the news lately. Mr. Wenger was recently sentenced to 18 months in prison for counseling his client to lie to the Immigration Court. Mr. Wenger’s client is a 45-year-old Albanian citizen who has lived in the U.S. since he was six months old. The client’s family, including … Read more

Credibility Determinations Are Not Credible, Part Two

I previously wrote about how credibility determinations based on inconsistencies are not reliable.  Today, I want to discuss a couple more methods that I think don’t work, and next time, I will write about one method that seemingly doesn’t work, but might actually be a better test for credibility than the other methods.  First, two … Read more