Dehonzai v. Holder
2011 U.S. App. LEXIS 10357
| 1st Cir. | 2011Background
- Dehonzai, a citizen of Ivory Coast, entered the United States without authorization on July 25, 2000, using a friend’s passport and leaving family behind.
- He filed for asylum, withholding of removal, and CAT protection in 2001, based on two alleged incidents of arrest and detention in 1992 and 2000.
- The Immigration Judge (IJ) found Dehonzai not credible and denied relief; the Board of Immigration Appeals (BIA) affirmed, denying asylum, withholding, and CAT relief.
- Key credibility issues included: near-identical language to a third-party Amnesty International report describing a similar beating, implausibilities in timing, and evasive demeanor.
- The First Circuit affirmed the credibility finding under substantial evidence review, denying the petition for review; a dissent urged remand for merits consideration.
- The dissent highlighted the potential relevance of country-condition evidence and challenged the procedural handling of the similarity language.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Credibility standard and substantial evidence review | Dehonzai argues IJ/BIA errors; deference cannot mask flaws | Majority upholds credibility findings as supported by record | Credibility upheld; adverse finding supported by substantial evidence |
| Language similarity to Toualy account for credibility | Similarity could reflect shared source or translator issues | Similarity shows fabricating by copying Toualy’s account | Language similarity supported adverse credibility (upheld) |
| Chronology and corroboration as to timing and events | Discrepancies and gaps explained by context; not determinative | Discrepancies undermine credibility; corroboration needed | Discrepancies and lack of corroboration support denial of relief |
Key Cases Cited
- Rivas-Mira v. Holder, 556 F.3d 1 (1st Cir.2009) (factual/credibility determinations reviewed for substantial evidence)
- Cuko v. Mukasey, 522 F.3d 32 (1st Cir.2008) (review of credibility determinations under substantial evidence; heart-of-the-claim requirement pre-REAL ID)
- Hoxha v. Gonzales, 446 F.3d 210 (1st Cir.2006) (analysis of credibility and documentary corroboration)
- Dine v. Gonzales, 464 F.3d 89 (1st Cir.2006) (credibility impact on asylum and withholding claims)
- Mariko v. Holder, 632 F.3d 1 (1st Cir.2011) (totality-of-the-record approach to credibility and evidence)
- Wiratama v. Mukasey, 538 F.3d 1 (1st Cir.2008) (deference limitations; need sturdy roots in the record for credibility findings)
- Kartasheva v. Holder, 582 F.3d 96 (1st Cir.2009) (REAL ID Act context; heart-of-the-claim standard for inconsistencies)
- Ye v. U.S. Dept. of Justice, 489 F.3d 517 (2d Cir.2007) (procedural safeguards in inter-proceeding similarities; language-based adverse credibility framework)
- Castaneda-Castillo v. Gonzales, 488 F.3d 17 (1st Cir.2007) (remand where agency misstates testimony and relies on unsupported inferences)