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Shrestha v. Holder, No. 08-74751

By FindLaw Staff on January 06, 2010 3:15 PM

In a petition for review of the denial of petitioner's asylum application, the petition is denied where: 1) the record's demonstration that petitioner's unresponsiveness was a pattern throughout the hearing was one of the circumstances that the REAL ID Act entitled the BIA to consider in assessing petitioner's credibility; and 2) petitioner's inability to consistently describe the underlying events that gave rise to his alleged fear of persecution was an important factor that could be relied upon by the Immigration Judge in making an adverse credibility determination.

Read Shrestha v. Holder, No. 08-74751

Appellate Information

Submitted December 10, 2009

Filed January 5, 2010

Judges

Opinion by Judge Gould

Counsel

For Petitioner:

Patrick Cantor, Buttar & Cantor LLP, Tukwila, WA

For Respondent:

Tony West, Anthony C. Payne and Corlette J. Winston, Office of Immigration Litigation, Washington, DC

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