Matter of T-D-E-, et al.

Summary

The Board of Immigration Appeals sustained the Department of Homeland Security’s appeal and remanded an asylum case involving respondents from Burkina Faso. The Board held that an Immigration Judge may not find a respondent credible solely because the respondent candidly admitted previously making false statements to obtain immigration benefits. It also directed further assessment of credibility, witness testimony, corroborating evidence, and eligibility for relief.

Holdings

1. An Immigration Judge may not determine that a respondent is credible solely because the respondent was candid in admitting that he previously lied on visa applications to obtain immigration benefits. Such a credibility determination is clearly erroneous.
2. The Immigration Judge's favorable credibility determination was clearly erroneous and had to be reversed.
3. Remand was required for the Immigration Judge to reassess the respondent's credibility, determine the credibility and weight of the witness's testimony and affidavit, conduct further fact-finding and legal analysis concerning corroboration, and determine whether the respondents established eligibility for the requested relief and protection.

Questions Presented

1. Whether the Immigration Judge clearly erred by finding the respondent credible solely because he candidly admitted making prior false statements on visa applications.
2. Whether the record required further fact-finding and analysis concerning the credibility of the respondent's witness and the corroboration of the asylum claim.

Disposition

remanded