Bassene v. Holder
2013 U.S. App. LEXIS 19517
| 9th Cir. | 2013Background
- Bassene, a Senegalese native, sought asylum/relief in the U.S. after misfiling an N-400 citizenship application
- N-400 was filed November 1, 1999; it did not elicit persecution details relevant to asylum
- I-589 asylum application was filed March 8, 2001, with detailed persecution testimony
- IJ denied asylum due to purported lack of credibility based on the N-400 discrepancy
- BIA affirmed the IJ’s adverse credibility finding and denied relief
- Court reverses, vacates credibility finding, and remands for asylum eligibility determination
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether lack of detail in N-400 supports adverse credibility | Bassene’s N-400 was not designed to elicit persecution details | IJ relied on missing persecution detail to deny credibility | Lack of detail not a valid basis for adverse credibility |
| Whether inconsistencies between N-400 and I-589 support credibility finding | Inconsistencies do not show lack of credibility given context | Differences undermine credibility | Inconsistencies do not establish lack of credibility |
| Whether BIA erred by adopting the IJ’s credibility reasoning | IJ speculated about omissions; speculation cannot sustain credibility doubts | BIA properly adopted IJ’s reasoning | BIA erred in adopting flawed credibility reasoning |
| Whether the case should be remanded for asylum eligibility determination | Bassene is credible and entitled to asylum review on the merits | Remand not warranted if credibility is lacking | Petition granted; reversed and remanded for asylum determination |
Key Cases Cited
- Joseph v. Holder, 600 F.3d 1235 (9th Cir. 2010) (adverse credibility cannot rely on less formal statements)
- Smolniakova v. Gonzales, 422 F.3d 1037 (9th Cir. 2005) (omissions in pro se asylum filings treated charitably)
- Kin v. Holder, 595 F.3d 1050 (9th Cir. 2010) (assistance to interpret omissions by unrepresented applicants)
- Sinha v. Holder, 564 F.3d 1015 (9th Cir. 2009) (pre-REAL ID Act standards and credibility)
- Shah v. INS, 220 F.3d 1062 (9th Cir. 2000) (speculation cannot sustain adverse credibility findings)
- Ahmed v. Keisler, 504 F.3d 1183 (9th Cir. 2007) (review of credibility under substantial evidence)
- Mendoza Manimbao v. Ashcroft, 329 F.3d 655 (9th Cir. 2003) (deference to IJ credibility determinations)