Aziz Abdurakhmanov v. Eric Holder, Jr.
2012 U.S. App. LEXIS 27084
| 6th Cir. | 2012Background
- Abdurakhmanov, a Uzbeki Dungan, alleges ethnic persecution in Uzbekistan and that his wife was killed by police after detention.
- He was arrested in 1999, detained for three days, and beaten to obtain a written confession.
- His wife Yelena allegedly suffered abuse and died in 2000 after police detention; death certificate cites head trauma.
- He came to the United States on a non-immigrant visa and later sought asylum, withholding, and CAT relief.
- IJ and BIA denied relief based on credibility and lack of corroborating evidence; agency findings are challenged on appeal.
- The Sixth Circuit dismisses the petition for review, affirming one credibility ground but finding error on corroboration and other credibility points.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the adverse credibility finding is supported by substantial evidence | Abdurakhmanov argues inconsistencies are not central to his claims | BIA/IJ relied on inconsistencies that go to the heart of the claim | Partially upheld; substantial evidence supports one credibility ground but not all |
| Whether the agency erred in discounting corroborating evidence | Documents corroborate past events and should be given weight | Documents were not contemporaneous or originals and thus lesser weight | Agency erred; corroborating evidence should not be discounted to that extent |
| Whether the treatment of the death certificate and the wife’s death testimony invalidates corroboration | Death certificate and testimony align with alleged beating; discrepancy misread | Discrepancies undermine credibility and corroboration | Discrepancy regarding death details cannot sustain adverse credibility on its own |
Key Cases Cited
- Lin v. Holder, 565 F.3d 971 (6th Cir. 2009) (corroboration standards; availability of evidence)
- Ramaj v. Gonzales, 466 F.3d 520 (6th Cir. 2006) (document authentication; originals vs copies)
- Matter of H-L-H-, 25 I. & N. Dec. 209 (BIA, 2010) (corroboration weight for contemporaneous documents)
- Koulibaly v. Mukasey, 541 F.3d 613 (6th Cir. 2008) (heart-of-the-claim credibility concerns)
- Pilica v. Ashcroft, 388 F.3d 941 (6th Cir. 2004) (well-founded fear framework; corroboration relevance)
- Ceraj v. Mukasey, 511 F.3d 583 (6th Cir. 2007) (issues going to heart of the claim; credibility review)
- El-Moussa v. Holder, 569 F.3d 250 (6th Cir. 2009) (credible testimony required for asylum under substantial evidence)
- Cruz-Samayoa v. Holder, 607 F.3d 1145 (6th Cir. 2010) (reviewing IJ/BIA in conjunction; substantial evidence standard)
- Yu v. Ashcroft, 364 F.3d 700 (6th Cir. 2004) (credibility determinations; burden of proof)
- Khalili v. Holder, 557 F.3d 429 (6th Cir. 2009) (standard of review in asylum cases)