Djadjou v. Holder
2011 U.S. App. LEXIS 24080
| 4th Cir. | 2011Background
- Djadjou, a Cameroonian national, sought asylum, withholding of removal, and CAT protection; the IJ denied all relief and the BIA affirmed; she petitions for review.
- She overstayed a U.S. nonimmigrant visa after admission in March 2002 and filed for asylum/withholding/CAT on February 18, 2003.
- Her testimony alleged four arrests by Cameroonian officials tied to opposition activities (SDF/SCNC), with beatings, detentions, and at least one rape during detention (1992–2001).
- She produced corroborating materials (SCNC/SDF affidavits and membership records, witnesses, police documents, letters, and Amnesty/State Department reports) but the IJ and BIA found them unreliable or insufficient.
- The IJ found Djadjou not credible and the BIA adopted that credibility finding; the court ultimately affirmed denial of asylum, withholding, and CAT relief.
- Djadjou argued that independent evidence could establish past persecution despite the credibility finding; the court held that such independent evidence did not suffice to establish past persecution.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Credibility determination sufficiency | Djadjou argues independent evidence could establish past persecution despite credibility loss. | Agency credibility finding supported by inconsistencies and omissions. | Adverse credibility supported by substantial evidence. |
| Effect of independent corroboration | Independent evidence could prove past persecution notwithstanding credibility. | Independent evidence insufficient to prove past persecution. | Independent evidence does not establish past persecution here. |
| Legal standards and review | Court should evaluate de novo errors in law. | Agency findings reviewed for substantial evidence and reasoned explanation. | Standard of review deferential for factual findings; de novo for law. |
| Weight of specific evidentiary flaws | Omissions (SCNC leadership claim) are non-material. | Omissions/discrepancies undermine credibility and support adverse finding. | IJ/BIA reasonable in weighing inconsistencies; credibility upheld. |
Key Cases Cited
- Dankam v. Gonzales, 495 F.3d 113 (4th Cir. 2007) (burden for asylum and standard for withholding explained; presumption for past persecution)
- Marynenka v. Holder, 592 F.3d 594 (4th Cir. 2010) (burden and presumption relating to past persecution and well-founded fear)
- Camara v. Ashcroft, 378 F.3d 361 (4th Cir. 2004) (past persecution established by credible independent evidence)
- Anim v. Mukasey, 535 F.3d 243 (4th Cir. 2008) (hearsay and due process considerations in immigration hearings)
- Lin-Jian v. Gonzales, 489 F.3d 182 (4th Cir. 2007) (limitations on omissions and inconsistencies; credibility standards)
- Tassi v. Holder, 660 F.3d 710 (4th Cir. 2011) (considers materiality of inconsistencies; harmless-error doctrine in immigration cases)