Jackline Korir v. Jefferson B. Sessions, III
700 F. App'x 514
| 6th Cir. | 2017Background
- Korir, a Kenyan national, entered the U.S. on a student visa in 2009, stopped attending school, and was placed in removal proceedings charging failure to maintain nonimmigrant status and, later, false claim to U.S. citizenship and a crime involving moral turpitude based on a 2013 conviction under 18 U.S.C. § 1015(e).
- She conceded removability and applied for withholding of removal and CAT protection, asserting she would face female genital mutilation (FGM) and a forced arranged marriage if returned to Kenya.
- At the merits hearing Korir testified about threats from her father, scars she attributed to him, and that her son might be subjected to non-anesthetic circumcision; she admitted prior contact with family and that her son had lived in Kenya for a period.
- Korir submitted a written application and supporting letters (mother, sister, brother) and a State Department country report on Kenya; she did not provide other documentary corroboration initially but later submitted a personal statement and family letters.
- The IJ found Korir not credible based on inconsistencies between her written statements and testimony (e.g., whether her sister had been circumcised, the timing and specificity of arranged-marriage plans, and limited identification of peers subjected to FGM) and denied withholding/CAT relief; the BIA affirmed, and Korir petitioned for review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether IJ’s adverse credibility finding was supported by substantial evidence | Korir: inconsistencies are explainable (learned facts after filing; inability to name many victims doesn’t undermine prevalence; timing confusion about arranged marriage) | Government: discrepancies between written and oral statements, implausible timing given family contact, and lack of corroboration support adverse finding | Held: adverse credibility finding supported by substantial evidence; not clearly erroneous |
| Whether adverse credibility precludes withholding of removal | Korir: merits show risk of FGM/forced marriage and State Dept. report corroborates prevalence | Government: without credible testimony, applicant cannot meet burden; submitted country report insufficient to overcome adverse finding | Held: adverse credibility is fatal; petitioner cannot meet burden for withholding |
| Whether CAT protection independent of credibility finding | Korir: CAT claim merits review on risk of torture | Government: same credibility threshold applies; no independent persuasive evidence | Held: failed for same reason—no credible evidence; CAT relief denied |
| Whether IJ/BIA procedural error or bias affected decision | Korir: IJ mischaracterized testimony timing and demanded excessive detail | Government: IJ properly evaluated explanations and record; no bias shown | Held: claims of bias/procedural error rejected; BIA decision affirmed |
Key Cases Cited
- Khalili v. Holder, 557 F.3d 429 (6th Cir. 2009) (treat BIA decision as final when it issues independent opinion)
- Marikasi v. Lynch, 840 F.3d 281 (6th Cir. 2016) (review BIA’s adoption of IJ opinions)
- Hachem v. Holder, 656 F.3d 430 (6th Cir. 2011) (standard for reversing credibility findings: only if reasonable adjudicator compelled to conclude otherwise)
- Marouf v. Lynch, 811 F.3d 174 (6th Cir. 2016) (IJ cannot cherry-pick facts; must consider explanations for inconsistencies)
- Slyusar v. Holder, 740 F.3d 1068 (6th Cir. 2014) (adverse credibility determinations are fatal to withholding/CAT claims without independent evidence)
- Matovski v. Gonzales, 492 F.3d 722 (6th Cir. 2007) (issues not reached on the merits by BIA are not ripe for court review)