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Keywords

contracttestimonywillasylumvisacredibility
testimonywillvisacredibility

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Mewengkang v. Gonzales

Facts

Mewengkang is an Indonesian national who entered the United States on a B1/B2 visa in 1996 but overstayed. He filed an application for asylum in 2002, claiming he would face persecution in Indonesia due to his Christian faith. He alleged that his contracting business suffered due to his refusal to join a Muslim builders' union and that he was violently harassed after complaining about the union's interference. The IJ found Mewengkang's testimony not credible due to several discrepancies.

Mewengkang is an Indonesian national who entered the United States on a B1/B2 visa in 1996 but overstayed.

Issue

Did the IJ err in denying Mewengkang's request for withholding of removal based on credibility determinations?

Did the IJ err in denying Mewengkang's request for withholding of removal based on credibility determinations?

Rule

The alien bears the burden of proving that it is more likely than not that he will be persecuted on account of race, religion, nationality, membership in a particular social group, or political opinion. An adverse credibility determination must be based on discrepancies that involve the heart of the asylum claim.

The alien bears the burden of proving that it is more likely than not that he will be persecuted on account of race, religion, nationality, membership in a particular social group, or political opinion.

Analysis

The court found that the IJ's adverse credibility determination was supported by substantial evidence, including discrepancies in Mewengkang's testimony regarding his children, employment history, and the violent incident with the ISNI. The IJ concluded that Mewengkang's explanations for these discrepancies were unconvincing, and thus, the IJ did not err in determining that Mewengkang was not credible.

The court found that the IJ's adverse credibility determination was supported by substantial evidence, including discrepancies in Mewengkang's testimony regarding his children, employment history, and the violent incident with the ISNI.

Conclusion

The court denied the petition for review and affirmed the decision of the BIA.

The court denied the petition for review and affirmed the decision of the BIA.

Who won?

The government prevailed in the case because the court found substantial evidence supporting the IJ's credibility determination, which justified the denial of Mewengkang's claim for withholding of removal.

The government prevailed in the case because the court found substantial evidence supporting the IJ's credibility determination.

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