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Keywords

willharassmentasylumcredibility

willasylumcredibility

Related Cases

Kebede v. Ashcroft

Facts

Seble Kebede, an Ethiopian citizen, came from a politically powerful family during the rule of Emperor Haile Selassie. After the emperor was deposed, Kebede's family faced harassment and persecution from the Dergue government, culminating in a brutal assault where Kebede was raped by soldiers. The IJ found Kebede not credible, but the appellate court determined that the IJ's adverse credibility finding was not supported by substantial evidence.

Seble Kebede, an Ethiopian citizen, came from a politically powerful family during the rule of Emperor Haile Selassie.

Issue

Did the IJ err in making an adverse credibility determination regarding Kebede's asylum claim?

Rule

A petitioner seeking asylum carries the burden of showing that they are unwilling to return to their country of origin due to persecution or a well-founded fear of persecution. An adverse credibility determination must be supported by specific, cogent reasons.

A petitioner seeking asylum carries the burden of showing that he or she is unwilling to return to the country of origin 'because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.'

Analysis

The court found that the IJ's reasons for doubting Kebede's credibility were not significant or relevant. The IJ focused on minor inconsistencies and the timing of Kebede's disclosure of the rape, which the court noted should not be used to undermine her credibility. Kebede's explanation for her reluctance to discuss the assault was deemed persuasive, and the evidence presented was compelling enough that no reasonable factfinder could find her not credible.

The court found that the IJ's reasons for doubting Kebede's credibility were not significant or relevant.

Conclusion

The court granted Kebede's petition and remanded the case to the BIA for a determination of whether her past persecution was atrocious enough to warrant asylum.

Who won?

Seble Kebede prevailed in the case because the court found that the IJ's adverse credibility determination was not supported by substantial evidence.

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