Kodjo Kegeh v. Jefferson B. Sessions, III
865 F.3d 990
| 8th Cir. | 2017Background
- Kegeh, a Togolese citizen and member of the UFC opposition party, applied for asylum, withholding of removal, and CAT protection after remaining in the U.S. beyond his visitor authorization.
- He alleged political persecution: violence at a 2005 election poll, kidnapping, severe beatings, and being burned by military forces; later threats and an incident in 2010 leading to his final departure.
- USCIS officer found credibility problems and referred Kegeh to removal proceedings; the IJ held hearings where Kegeh testified and presented an affidavit and some supporting documents (photos, medical reports, a letter purportedly from his wife).
- The IJ found numerous inconsistencies between Kegeh’s affidavit and his hearing testimony (e.g., whether guns/real bullets were used, his political activities in 2010, awareness of a party member’s death, dates and details of incidents) and noted adverse demeanor and lack of corroboration (including absence of original French affidavits).
- The BIA adopted and affirmed the IJ’s adverse credibility determination; because all claims relied on the same discredited testimony, the IJ/BIA denied asylum, withholding, and CAT protection.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether IJ erred in adverse credibility finding | Kegeh: he explained inconsistencies; some were immaterial or non‑heart of claim | IJ/BIA: inconsistencies, demeanor, and lack of corroboration supported disbelief | Court: Affirmed—IJ gave specific, cogent reasons; substantial evidence supports finding |
| Whether inconsistencies must go to the "heart" of claim | Kegeh: REAL ID Act requires materiality; some discrepancies irrelevant | DOJ: REAL ID Act allows reliance on any inconsistencies regardless of "heart" | Court: REAL ID Act permits broader reliance; ancillary inconsistencies relevant |
| Whether medical evidence and burns prove torture/CAT claim | Kegeh: burns and medical photos support torture claim | IJ/BIA: testimony about burns was speculative and uncorroborated; wife’s letter given little weight | Court: Denied—testimony not credible; corroboration insufficient to establish torture |
| Whether adverse credibility finding defeats withholding/CAT claims | Kegeh: separate standards might allow relief despite credibility | IJ/BIA: same discredited testimony undercuts all claims | Court: Affirmed—adverse credibility fatal to all claims when based on same record |
Key Cases Cited
- Arevalo-Cortez v. Lynch, 829 F.3d 1022 (8th Cir. 2016) (BIA adoption plus additional reasoning treated together on review)
- Ali v. Holder, 776 F.3d 522 (8th Cir. 2015) (standard for review and effect of adverse credibility on multiple claims)
- Fesehaye v. Holder, 607 F.3d 523 (8th Cir. 2010) (deferring to IJ on credibility; burden on applicant)
- Yu An Li v. Holder, 745 F.3d 336 (8th Cir. 2014) (REAL ID Act permits credibility findings based on any inconsistencies)
- Xiu Xia Lin v. Mukasey, 534 F.3d 162 (2d Cir. 2008) (cumulative effect of multiple inconsistencies supports adverse credibility)
- Averianova v. Mukasey, 509 F.3d 890 (8th Cir. 2007) (adverse credibility plus lack of corroboration defeats claim)