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Rizk v. Holder, No. 06-74213

By FindLaw Staff on January 03, 2011 3:00 PM

Partial Grant of Petition for Review of BIA Decision

In Rizk v. Holder, No. 06-74213, a petition for review of the immigration judge's (IJ) and Board of Immigration Appeals' (BIA) rejection of petitioner's asylum claim on the basis of an adverse credibility determination, the court granted the petition in part where the BIA's decision did not resolve petitioner's wife's appeal.  However, the court denied the petition in part where the court could not say that "any reasonable adjudicator would be compelled to conclude" that petitioner was credible.

As the court wrote:  "George Gerges Rizk, the principal petitioner in this case, claims that the immigration judge (IJ) and Board of Immigration Appeals (BIA) erred in rejecting his asylum claim on the basis of an adverse credibility determination. Specifically, Rizk argues that he was not given a chance to explain the inconsistencies on which the IJ relied in finding him not credible."

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