Edith Moreno v. Jefferson B. Sessions, III
694 F. App'x 391
| 6th Cir. | 2017Background
- Moreno, a Mexican national from Michoacán, entered the U.S. unlawfully multiple times and was placed in removal proceedings after a 2013 apprehension; she applied for asylum, withholding of removal, and CAT protection.
- She alleged fear of gangs (Knights Templar / La Familia Michoacán), generalized gender-based violence, and two prior sexual assaults by her step-brother Roberto, plus risk from public visibility due to activism and televised interviews involving her children.
- At the merits hearing Moreno’s live testimony added significant details not included in her written I-589, most notably the sexual assaults and specifics about threatened targeting and phone extortion calls.
- The IJ found Moreno not credible due to major omissions from her written application (especially the sexual assaults), inconsistent and implausible testimony about phone calls and relocation, and lack of corroboration for the assaults despite the availability of witnesses.
- The BIA affirmed the IJ’s adverse credibility determination; the adverse credibility finding precluded success on asylum, withholding, and CAT claims. Moreno petitioned for review in the Sixth Circuit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the agency’s adverse credibility determination is supported by substantial evidence | Moreno: omission of sexual assaults is excusable given trauma; overall testimony plausible when totality considered | Government/BIA: omissions, inconsistencies, implausibilities, and lack of available corroboration support adverse credibility | Court: Affirmed — substantial evidence supports adverse credibility finding |
| Whether omission of sexual-assault allegations from I-589 mandates reversal | Moreno: trauma can cause omission/memory problems; Fiadjoe supports excusing such omissions | BIA: omission of a major allegation especially when counsel amended the application undermines credibility | Court: Distinguishes Fiadjoe and rejects Moreno’s trauma excuse as insufficient here |
| Whether failure to corroborate sexual-assault claim was unreasonable given circumstances | Moreno: assaults typically lack corroboration; sister/mother could corroborate | BIA: sister and mother were available and could have provided testimony or affidavits; failure to produce corroboration supports disbelief | Court: Agreed with BIA — failure to corroborate where reasonable to expect corroboration supports adverse finding |
| Whether adverse credibility precludes relief under asylum, withholding, and CAT | Moreno: testimony and country conditions suffice to meet standards | BIA: adverse credibility defeats threshold showing for all three forms of relief | Court: Agreed — adverse credibility forecloses asylum, withholding, and CAT relief |
Key Cases Cited
- Marouf v. Lynch, 811 F.3d 174 (6th Cir. 2016) (substantial-evidence review of credibility determinations)
- Liti v. Gonzales, 411 F.3d 631 (6th Cir. 2005) (applicant bears burden; withholding has higher standard than asylum)
- Zhao v. Holder, 569 F.3d 238 (6th Cir. 2009) (threshold credibility determination required)
- El-Moussa v. Holder, 569 F.3d 250 (6th Cir. 2009) (adverse credibility bars asylum, withholding, and CAT relief)
- Fiadjoe v. Attorney General of United States, 411 F.3d 135 (3d Cir. 2005) (trauma may explain testimonial difficulties; distinguished)
- Shkabari v. Gonzales, 427 F.3d 324 (6th Cir. 2005) (omissions from asylum application can support adverse credibility)